Engaging With Social Rights - Procedure, Participation and Democracy in South Africa''s Second Wave

A new and comprehensive account of the South African Constitutional Court's social rights decisions.

Sommario

1. Introduction; Part I. Justiciability and the First Wave: 2. The justiciability debate and the new constitution; 3. The first wave cases; 4. A 'curious divergence'; Part II. Procedure and the Second Wave: 5. The second-wave cases; 6. Evictions and education; 7. Patterns and possibilities in the second wave; Part III. Procedure's Potential: 8. The eviction model; 9. Democratic engagement; 10. Conclusion: real rights.

Info autore

Brian Ray is Professor of Law at Cleveland-Marshall College of Law, Cleveland State University. He has published widely on social rights and judicial review, and his work has appeared in leading journals including the Stanford Journal of International Law, the South African Journal of Human Rights and the Constitutional Court Review.

Riassunto

A new, comprehensive account of the South African Constitutional Court's social rights decisions that argues that the Court's procedural enforcement approach has had significant, underappreciated effects in spite of its substantive limits and could make state institutions more responsive to the needs of poor communities.

Dettagli sul prodotto

• Autori: Brian Ray, Ray Brian
• Editore: Cambridge University Press ELT
• Lingue: Inglese
• Formato: Tascabile
• Pubblicazione: 28.02.2018
• EAN: 9781108446174
• ISBN: 978-1-108-44617-4
• Pagine: 393
• Serie: Comparative Constitutional Law and Policy; Comparative Constitutional Law; Comparative Constitutional Law and Policy
• Categorie: Scienze sociali, diritto, economia > Scienze politiche > Scienze politiche e cittadinanza attiva; Human Rights, POLITICAL SCIENCE / Human Rights, Human rights & civil liberties law, LAW / International, LAW / Public, POLITICAL SCIENCE / World / African, LAW / Civil Rights, POLITICAL SCIENCE / Civil Rights, LAW / Comparative, Republic of South Africa, comparative law, Human rights, civil rights, Law: Human rights and civil liberties, Public international law: human rights, International human rights law