Judging Social Rights

Judging Social Rights

by Jeff King

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Overview

Judging Social Rights by Jeff King

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.

Product Details

ISBN-13: 9781139411332
Publisher: Cambridge University Press
Publication date: 05/10/2012
Series: Cambridge Studies in Constitutional Law , #3
Sold by: Barnes & Noble
Format: NOOK Book
File size: 1 MB

About the Author

Jeff King is a senior lecturer at the Faculty of Laws, University College London, where he teaches public law, human rights and legal theory.

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