Courting Social Justice: Judicial Enforcement of Social and Economic Rights in the Developing World

Courting Social Justice: Judicial Enforcement of Social and Economic Rights in the Developing World

by Varun Gauri
     
 

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ISBN-10: 0521145163

ISBN-13: 9780521145169

Pub. Date: 03/31/2010

Publisher: Cambridge University Press

This book is a first-of-its-kind, five-country empirical study of the causes and consequences of social and economic rights litigation. Detailed studies of Brazil, India, Indonesia, Nigeria, and South Africa present systematic and nuanced accounts of court activity on social and economic rights in each country. The book develops new methodologies for analyzing the

Overview

This book is a first-of-its-kind, five-country empirical study of the causes and consequences of social and economic rights litigation. Detailed studies of Brazil, India, Indonesia, Nigeria, and South Africa present systematic and nuanced accounts of court activity on social and economic rights in each country. The book develops new methodologies for analyzing the sources of and variation in social and economic rights litigation, explains why actors are now turning to the courts to enforce social and economic rights, measures the aggregate impact of litigation in each country, and assesses the relevance of the empirical findings for legal theory. This book argues that courts can advance social and economic rights under the right conditions precisely because they are never fully independent of political pressures.

Product Details

ISBN-13:
9780521145169
Publisher:
Cambridge University Press
Publication date:
03/31/2010
Edition description:
New Edition
Pages:
384
Product dimensions:
6.10(w) x 9.10(h) x 1.00(d)

Table of Contents

Foreword vii

Preface xv

Contributors xix

1 Introduction: The Elements of Legalization and the Triangular Shape of Social and Economic Rights Varun Gauri Daniel M. Brinks 1

2 Litigating for Social Justice in Post-Apartheid South Africa: A Focus on Health and Education Jonathan Berger 38

3 Accountability for Social and Economic Rights in Brazil Florian F. Hoffmann Fernando R. N. M. Bentes 100

4 Courts and Socioeconomic Rights in India Shylashri Shankar Pratap Bhanu Mehta 146

5 The Impact of Economic and Social Rights in Nigeria: An Assessment of the Legal Framework for Implementing Education and Health as Human Rights Chidi Anselm Odinkalu 183

6 The Implementation of the Rights to Health Care and Education in Indonesia Bivitri Susanti 224

7 Transforming Legal Theory in the Light of Practice: The Judicial Application of Social and Economic Rights to Private Orderings Helen Hershkoff 268

8 A New Policy Landscape: Legalizing Social and Economic Rights in the Developing World Daniel M. Brinks Varun Gauri 303

Index 353

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