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

Courting Social Justice

Judicial Enforcement of Social and Economic Rights in the Developing World

By: Varun Gauri (Editor), Daniel M. Brinks (Editor)

Paperback

Published: 15th March 2010
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"Human rights are meaningless if they cannot be claimed. The formal court system is playing an increasingly important role in enforcing human rights claims in many countries, frequently with life-saving impacts, as part of the overarching institutional architecture and social mobilization for human rights accountability. Gauri and Brinks have produced a timely, distinctive and important comparative empirical analysis of prerequisites for effective legal claims to socio-economic rights, and their social policy implications. I have no doubt that this book will appeal to a wide readership of public policy makers, economists, social scientists and lawyers, transcending stale theoretical dichotomies between rights of different kinds and showing vividly what a cross-disciplinary field human rights has become."–Louise Arbour, UN Commissioner for Human Rights

"Judicial enforcement of social and economic rights has generated much theoretical controversy but little empirical work. Gauri and Brinks have taken a giant step forward with this methodologically innovative volume. The chapters fit together seamlessly and provide a host of comparative and theoretical insights into the causes and consequences of judicial intervention in social and economic rights. The result is a major contribution to the literatures on rights, judicial power and social change. and the role of law in development.–Tom Ginsburg, Professor of Law, University of Chicago Law School

"...The book offers a comparative analysis of five countries, South Africa, Brazil, India, Nigeria and Indonesia. Each case is rich in empirical data, as well as relevant social and political factors... This book is written to be accessible to both the serious empirical scholar of law and justice as well as anyone interested in social justice and the protection of rights for disadvantaged populations. The ideas presented offer academics, scholars, and activists, alike, the possibility of applying theoretical and empirical analysis to their own practices to further social justice... Overall, this book successfully merges theoretical analysis regarding the courts as policy makers and their ability to protect rights with empirical data through the case studies.–Jamila Smith-Loud, Department of Government & Politics, University of Maryland, The Law and Politics Book Review [Vol. 19 No. 5 (May 2009)]

"What is most notable about this volume is the overall theory-building effort it presents through effective execution of a comparative analysis... [O]ne of the marks of a successful volume is the presentation of a unified framework that binds the individual pieces together. On this count, Courting Social Justice is successful indeed. A shared research framework is elaborated by the editors in the introductory chapter, applied by the contributing authors in the country chapters, and woven together in a concluding chapter. The... book... reads far more like a monograph than an edited volume."–Helen Silverstein, Perspectives on Politics

'Human rights are meaningless if they cannot be claimed. The formal court system is playing an increasingly important role in enforcing human rights claims in many countries, frequently with life-saving impacts, as part of the overarching institutional architecture and social mobilization for human rights accountability. Gauri and Brinks have produced a timely, distinctive and important comparative empirical analysis of prerequisites for effective legal claims to socio-economic rights, and their social policy implications. I have no doubt that this book will appeal to a wide readership of public policy makers, economists, social scientists and lawyers, transcending stale theoretical dichotomies between rights of different kinds and showing vividly what a cross-disciplinary field human rights has become.' Louise Arbour, UN Commissioner for Human Rights
'Judicial enforcement of social and economic rights has generated much theoretical controversy but little empirical work. Gauri and Brinks have taken a giant step forward with this methodologically innovative volume. The chapters fit together seamlessly, and provide a host of comparative and theoretical insights into the causes and consequences of judicial intervention in social and economic rights. The result is a major contribution to the literatures on rights, judicial power and social change, and the role of law in development.' Tom Ginsburg, University of Chicago Law School
'The book offers a comparative analysis of five countries, South Africa, Brazil, India, Nigeria and Indonesia. Each case is rich in empirical data, as well as relevant social and political factors ... This book is written to be accessible to both the serious empirical scholar of law and justice, as well as anyone interested in social justice and the protection of rights for disadvantaged populations. The ideas presented offer academics, scholars, and activists alike, the possibility of applying theoretical and empirical analysis to their own practices to further social justice ... Overall, this book successfully merges theoretical analysis regarding the courts as policy makers and their ability to protect rights with empirical data through the case studies.' Jamila Smith-Loud, University of Maryland

Forewordp. vii
Prefacep. xv
Contributorsp. xix
Introduction: The Elements of Legalization and the Triangular Shape of Social and Economic Rightsp. 1
Litigating for Social Justice in Post-Apartheid South Africa: A Focus on Health and Educationp. 38
Accountability for Social and Economic Rights in Brazilp. 100
Courts and Socioeconomic Rights in Indiap. 146
The Impact of Economic and Social Rights in Nigeria: An Assessment of the Legal Framework for Implementing Education and Health as Human Rightsp. 183
The Implementation of the Rights to Health Care and Education in Indonesiap. 224
Transforming Legal Theory in the Light of Practice: The Judicial Application of Social and Economic Rights to Private Orderingsp. 268
A New Policy Landscape: Legalizing Social and Economic Rights in the Developing Worldp. 303
Indexp. 353
Table of Contents provided by Ingram. All Rights Reserved.

ISBN: 9780521145169
ISBN-10: 0521145163
Audience: Professional
Format: Paperback
Language: English
Number Of Pages: 384
Published: 15th March 2010
Publisher: Cambridge University Press
Country of Publication: GB
Dimensions (cm): 22.8 x 15.2  x 2.0
Weight (kg): 0.51