Judging Social Rights (Hardcover)

Language: English

Published by Cambridge University Press, Cambridge, 2012

1107008026 / 9781107008021

Series: Book 3 of 38 - Cambridge Studies in Constitutional Law

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Seller: CitiRetail, Stevenage, United KingdomCitiRetail

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Hardcover. 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. Written with lawyers, social scientists, political theorists, and human rights advocates in mind, Judging Social Rights makes a normative and empirically grounded case for constitutional social rights. It presents an incrementalist theory of adjudication that gives prominence to the democratic role and institutional capacity of the judiciary. This item is printed on demand. Shipping may be from our UK warehouse or from our Australian or US warehouses, depending on stock availability.…

Seller Inventory # 9781107008021

Title
Judging Social Rights (Hardcover)
Author
Jeff King
Publisher
Cambridge University Press, Cambridge
Publication year
2012
Condition
new
Binding
Hardcover
Language
English
ISBN 10
1107008026
ISBN 13
9781107008021
Series
Book 3 of 38: Cambridge Studies in Constitutional Law

CitiRetail

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