Judging Social Rights

Nonfiction, Reference & Language, Law, Constitutional, Social & Cultural Studies, Political Science
Cover of the book Judging Social Rights by Jeff King, Cambridge University Press
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Jeff King ISBN: 9781139411332
Publisher: Cambridge University Press Publication: May 10, 2012
Imprint: Cambridge University Press Language: English
Author: Jeff King
ISBN: 9781139411332
Publisher: Cambridge University Press
Publication: May 10, 2012
Imprint: Cambridge University Press
Language: English

Countries that now contemplate constitutional reform often grapple with the question of whether to constitutionalise social rights. This book presents an argument for why, under the right conditions, doing so can be a good way to advance social justice. In making such a case, the author considers the nature of the social minimum, the role of courts among other institutions, the empirical record of judicial impact, and the role of constitutional text. He argues, however, that when enforcing such rights, judges ought to adopt a theory of judicial restraint structured around four principles: democratic legitimacy, polycentricity, expertise and flexibility. These four principles, when taken collectively, commend an incrementalist approach to adjudication. The book combines theoretical, doctrinal, empirical and comparative analysis, and is written to be accessible to lawyers, social scientists, political theorists and human rights advocates.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

Countries that now contemplate constitutional reform often grapple with the question of whether to constitutionalise social rights. This book presents an argument for why, under the right conditions, doing so can be a good way to advance social justice. In making such a case, the author considers the nature of the social minimum, the role of courts among other institutions, the empirical record of judicial impact, and the role of constitutional text. He argues, however, that when enforcing such rights, judges ought to adopt a theory of judicial restraint structured around four principles: democratic legitimacy, polycentricity, expertise and flexibility. These four principles, when taken collectively, commend an incrementalist approach to adjudication. The book combines theoretical, doctrinal, empirical and comparative analysis, and is written to be accessible to lawyers, social scientists, political theorists and human rights advocates.

More books from Cambridge University Press

Cover of the book Virgil: Aeneid Book XII by Jeff King
Cover of the book The Cambridge Companion to Laurence Sterne by Jeff King
Cover of the book The Role of Jewish Feasts in John's Gospel by Jeff King
Cover of the book The Cambridge Companion to Philo by Jeff King
Cover of the book Causation and Creation in Late Antiquity by Jeff King
Cover of the book The Scientific Exploration of Venus by Jeff King
Cover of the book Climate Change in the Polar Regions by Jeff King
Cover of the book Evolutionary Psychology by Jeff King
Cover of the book George Eliot in Context by Jeff King
Cover of the book States of Emergency in Liberal Democracies by Jeff King
Cover of the book Toleration in Conflict by Jeff King
Cover of the book Valerius Flaccus: Argonautica Book III by Jeff King
Cover of the book Reading the Late Byzantine Romance by Jeff King
Cover of the book A Concise History of the Caribbean by Jeff King
Cover of the book The Mammals of the Southern African Sub-region by Jeff King
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy