Constituting Economic and Social Rights Katharine G. Young

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Published: August 23rd 2012

Kindle Edition

375 pages


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Constituting Economic and Social Rights  by  Katharine G. Young

Constituting Economic and Social Rights by Katharine G. Young
August 23rd 2012 | Kindle Edition | PDF, EPUB, FB2, DjVu, AUDIO, mp3, RTF | 375 pages | ISBN: | 8.29 Mb

Food, water, health, housing, and education are as fundamental to human freedom and dignity as privacy, religion, or speech. Yet only recently have legal systems begun to secure these fundamental individual interests as rights. This book looks at theMoreFood, water, health, housing, and education are as fundamental to human freedom and dignity as privacy, religion, or speech.

Yet only recently have legal systems begun to secure these fundamental individual interests as rights. This book looks at the dynamic processes that render economic and social rights in legal form. It argues that processes of interpretation, enforcement, and contestation each reveal how economic and social interests can be protected as human and constitutionalrights, and how their protection changes public law.Drawing on constitutional examples from South Africa, Colombia, Ghana, India, the United Kingdom, the United States and elsewhere, the book examines innovations in the design and role of institutions such as courts, legislatures, executives, and agencies in the organization of social movements and in the links established with market actors.

This comparative study shows how legal systems protect economic and social rights by shifting the focus from minimum bundles of commodities or entitlementsto processes of value-based, deliberative problem solving. Theories of constitutionalism and governance inform the potential of this approach to reconcile economic and social rights with both democratic and market principles, while addressing the material inequality, poverty and social conflictcaused, in part, by law itself.



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