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Author : Malcolm Langford,César Rodríguez-Garavito,Julieta Rossi
Publisher : Cambridge University Press
Page : 547 pages
File Size : 40,8 Mb
Release : 2017-03-02
Category : Law
ISBN : 9781107160217
This is the first book to map and explain compliance with judgments of social rights across multiple jurisdictions.
Author : Malcolm Langford,César Rodríguez-Garavito,Julieta Rossi
Publisher : Cambridge University Press
Page : 0 pages
File Size : 52,9 Mb
Release : 2017-03-02
Category : Political Science
ISBN : 1107160219
The past few decades have witnessed an explosion of judgments on social rights around the world. However, we know little about whether these rulings have been implemented. Social Rights Judgments and the Politics of Compliance is the first book to engage in a comparative study of compliance of social rights judgments as well as their broader effects. Covering fourteen different domestic and international jurisdictions, and drawing on multiple disciplines, it finds significant variance in outcomes and reveals both spectacular successes and failures in making social rights a reality on the ground. This variance is strikingly similar to that found in previous studies on civil rights, and the key explanatory factors lie in the political calculus of defendants and the remedial framework. The book also discusses which strategies have enhanced implementation, and focuses on judicial reflexivity, alliance building and social mobilisation.
Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 46,7 Mb
Release : 2011
Category : Electronic
ISBN : 1139203142
Author : Malcolm Langford
Publisher : Cambridge University Press
Page : 128 pages
File Size : 53,9 Mb
Release : 2009-01-19
Category : Political Science
ISBN : 1139473980
In the space of two decades, social rights have emerged from the shadows and margins of human rights jurisprudence. The authors in this book provide a critical analysis of almost two thousand judgments and decisions from twenty-nine national and international jurisdictions. The breadth of the decisions is vast, from the resettlement of evictees to the regulation of private medical plans to the development of state programs to address poverty and illiteracy. The jurisprudence not only implicates our understanding of economic, social, and cultural rights, but also challenges the philosophical debates that question whether these rights can and should be justiciable.
Author : Courtney Hillebrecht
Publisher : Cambridge University Press
Page : 207 pages
File Size : 41,8 Mb
Release : 2014-02-10
Category : Law
ISBN : 9781107040229
This book explains the phenomenon of states' compliance with human rights tribunals' rulings using theories from international law, human rights, and international relations.
Author : Grote, Rainer,Morales Antoniazzi, Mariela,Paris, Davide
Publisher : Edward Elgar Publishing
Page : 576 pages
File Size : 49,5 Mb
Release : 2021-10-21
Category : Political Science
ISBN : 9781788971126
This comprehensive Research Handbook offers an in-depth examination of the most significant factors affecting compliance with international human rights law, which has emerged as one of the key problems in the efforts to promote effective protection of human rights. In particular, it examines the relationships between regional human rights courts and domestic actors and judiciaries.
Author : Gabriella Citroni,Irene Spigno,Palmina Tanzarella
Publisher : Routledge
Page : 440 pages
File Size : 53,9 Mb
Release : 2022-01-28
Category : Law
ISBN : 9781000517927
This book provides a comparative analysis of how judgments from the European Court of Human Rights (ECtHR) and the Inter-American Court of Human Rights (IACtHR) affect political participation and electoral justice at the national level. Looking at specific countries, the work analyses the legal impact the implementation of the ECtHR and the IACtHR judgments has, with a specific focus on cases in which the regional court concerned uses the “democratic argument,” that is, an argument related to democracy and political rights. The reasoning is that, although democracy is a much wider concept, judgments concerning violations of political rights and electoral justice provide reliable indicators to assess the status and sustainability of democracy in a State. Moreover, the analysis of the violations of political rights and electoral justice allows an in-depth comparison between the two regional human rights systems. Mindful of the broader scope of the fall-out generated by the non-implementation of judgments, including in socio-economic terms, the book includes a section exploring how judgments issued by the ECtHR and the IACtHR affect voters’ participation in the countries under their jurisdiction. To this end, an original dataset including the 47 Member States of the Council of Europe and the 20 countries which recognised the adjudicatory jurisdiction of the IACtHR is built. Multidisciplinary in aim and scope of analysis, the book will be an invaluable resource for researchers, academics, and policy-makers working in the areas of constitutional law, international human rights law, and political economy.
Author : Jeff King
Publisher : Cambridge University Press
Page : 399 pages
File Size : 50,5 Mb
Release : 2012-05-10
Category : Law
ISBN : 9781107008021
Jeff King argues in favour of constitutionalising social rights, and presents an incrementalist approach to judicial enforcement.
Author : Paul Gready,Simon Robins
Publisher : Cambridge University Press
Page : 345 pages
File Size : 50,6 Mb
Release : 2019-02-21
Category : Law
ISBN : 9781107160934
Builds on micro-level critiques of transitional justice to debate a more comprehensive alternative at the level of theory and practice.
Author : Katharine G. Young
Publisher : Cambridge University Press
Page : 711 pages
File Size : 51,6 Mb
Release : 2019-04-11
Category : Law
ISBN : 9781108418133
Captures significant transformations in the theory and practice of economic and social rights in constitutional and human rights law.
Author : Aderomola Adeola,Fellow at the Centre for Human Rights at the Faculty of Law Aderomola Adeola
Publisher : Oxford University Press
Page : 273 pages
File Size : 40,6 Mb
Release : 2022-02-03
Category : Human rights
ISBN : 9780192856999
This collection of essays in honour of Frans Viljoen shines a light on the increasingly important place of compliance in international law. With essays from leading scholars in the field of international human rights law, this festschrift provides compelling analysis of the nature of compliance in the African human rights context, the challenges that affect its place in these legal systems, and the ways in which increased compliance can be achieved. The volume is divided into three parts exploring: theoretical perspectives, thematic perspectives, and institutional perspectives. Each in turn helps to build a picture of theory and practice charting the historic developments of human rights law with several case studies to illustrate. Contributors provide detailed comparison with other national legal systems, such as the Inter-American IACHR and Court, placing these reflections in their global comparative context. The work concludes by considering the ways in which challenges can be overcome to achieve increased compliance with international human rights law in Africa. Compliance with International Human Rights Law in Africa is not only a work to honour the contributions of Frans Viljoen but is also an invaluable resource for researchers, practitioners, and policy makers, in the field of international human rights law.
Author : Christina Binder,Jane A. Hofbauer,Flávia Piovesan,Amaya Úbeda de Torres
Publisher : Edward Elgar Publishing
Page : 592 pages
File Size : 48,6 Mb
Release : 2020-08-28
Category : Law
ISBN : 9781788972130
This comprehensive Research Handbook offers a comparative overview of the history, nature and current status of social rights at the universal and regional level. Tracing their evolution from rather modest beginnings, to becoming the category of rights responding most accurately to the 21st century’s policy objectives of poverty eradication and equitable resource allocation, this Research Handbook assesses the mechanisms used to enhance the implementation and enforcement of social rights.
Author : Adam Chilton,Mila Versteeg
Publisher : Oxford University Press
Page : 280 pages
File Size : 47,7 Mb
Release : 2020-06-19
Category : Law
ISBN : 9780190871468
Does constitutionalizing rights improve respect for those rights in practice? Drawing on statistical analyses, survey experiments, and case studies from around the world, this book argues that enforcing constitutional rights is not easy, but that some rights are harder to repress than others. First, enshrining rights in constitutions does not automatically ensure that those rights will be respected. For rights to matter, rights violations need to be politically costly. But this is difficult to accomplish for unconnected groups of citizens. Second, some rights are easier to enforce than others, especially those with natural constituencies that can mobilize for their enforcement. This is the case for rights that are practiced by and within organizations, such as the rights to religious freedom, to unionize, and to form political parties. Because religious groups, trade unions and parties are highly organized, they are well-equipped to use the constitution to resist rights violations. As a result, these rights are systematically associated with better practices. By contrast, rights that are practiced on an individual basis, such as free speech or the prohibition of torture, often lack natural constituencies to enforce them, which makes it easier for governments to violate these rights. Third, even highly organized groups armed with the constitution may not be able to stop governments dedicated to rights-repression. When constitutional rights are enforced by dedicated organizations, they are thus best understood as speed bumps that slow down attempts at repression. An important contribution to comparative constitutional law, this book provides a comprehensive picture of the spread of constitutional rights, and their enforcement, around the world.
Author : Lamprea-Montealegre, Everaldo
Publisher : Edward Elgar Publishing
Page : 232 pages
File Size : 54,8 Mb
Release : 2022-06-16
Category : Law
ISBN : 9781800376540
This forward-looking book provides an in-depth analysis of the major transformations of the right to health in Latin America over the past decades, marked by the turn towards the pharmaceuticalisation of health care. Everaldo Lamprea-Montealegre investigates how health-based litigation has deepened inequalities in the global South, exploring the practices of key actors that are reclaiming the right to health in the region.
Author : András Jakab,Dimitry Kochenov
Publisher : Oxford University Press
Page : 425 pages
File Size : 46,7 Mb
Release : 2017-04-07
Category : Law
ISBN : 9780191063510
It is clear that the current crisis of the EU is not confined to the Eurozone and the EMU, evidenced in its inability to ensure the compliance of Member States to follow the principles and values underlying the integration project in Europe (including the protection of democracy, the Rule of Law, and human rights). This defiance has affected the Union profoundly, and in a multi-faceted assessment of this phenomenon, The Enforcement of EU Law and Values: Ensuring Member States' Compliance, dissects the essence of this crisis, examining its history and offering coping methods for the years to come. Defiance is not a new concept and this volume explores the richness of EU-level and national-level examples of historical defiance – the French Empty Chair policy–, the Luxembourg compromise, and the FPÖ crisis in Austria - and draws on the experience of the US legal system and that of the integration projects on other continents. Building on this legal-political context, the book focuses on the assessment of the adequacy of the enforcement mechanisms whilst learning from EU integration history. Structured in four parts, the volume studies (1) theoretical issues on defiance in the context of multi-layered legal orders, (2) EU mechanisms of acquis and values' enforcement, (3) comparative perspective on law-enforcement in multi-layered legal systems, and (4) case-studies of defiance in the EU.