Hardback
Social and Economic Rights and Constitutional Law
Socio-economic rights raise many complex challenges to the traditional understanding of the nature of human rights, the role of courts in democratic society and the nature of remedies. The sophisticated and constructive solutions developed by the fore most thinkers to fully recognize socio-economic rights are drawn together in this collection. They demonstrate how traditional concepts and obstacles can be re-characterized and modified to ensure respect for the indivisibility of human rights.
More Information
Critical Acclaim
Contributors
Contents
More Information
Socio-economic rights raise many complex challenges to the traditional understanding of the nature of human rights, the role of courts in democratic society and the nature of remedies.
This collection draws together the sophisticated and constructive solutions developed by the foremost thinkers to fully recognise socio-economic rights, demonstrating how traditional concepts and obstacles can be re-characterised and modified to ensure respect for the indivisibility of human rights.
This important collection provides crucial insights into the emerging and perennial challenges to socio-economic rights. Including an original introduction, it is an ideal resource for those new to the study of socio-economic rights, academics, policy makers and all those interested in using human rights to achieve social justice.
This collection draws together the sophisticated and constructive solutions developed by the foremost thinkers to fully recognise socio-economic rights, demonstrating how traditional concepts and obstacles can be re-characterised and modified to ensure respect for the indivisibility of human rights.
This important collection provides crucial insights into the emerging and perennial challenges to socio-economic rights. Including an original introduction, it is an ideal resource for those new to the study of socio-economic rights, academics, policy makers and all those interested in using human rights to achieve social justice.
Critical Acclaim
‘The Universal Declaration of Human Rights recognised both civil and political rights, on the one hand, and economic and social rights on the other. Yet, until recently far more scholarly attention had been paid to civil and political rights than to economic and social rights. Happily, that has begun to change and the last two decades have seen increasing scholarly attention paid to economic and social rights as well as an emerging jurisprudence on their protection and fulfilment in jurisdictions across the globe. Sandra Fredman and Meghan Campbell have gathered together in one volume some of the most important published work by leading scholars in relation to economic and social rights. The book also includes a fine introduction to the topic written by Sandra Fredman, which provides a clear and helpful outline of current debates. I have no doubt that the book will serve as an invaluable resource for students, scholars, practising lawyers, judges and policy makers, and that it will serve as a spur to further scholarly work in the field.’
– Justice Kate O’Regan, Former Judge of the Constitutional Court of South Africa
‘This volume succeeds in doing the impossible: to bring together the major contributions that have shaped our thinking on the role of constitutional law and domestic courts in bringing life to social and economic rights. Although it covers a number of world regions and travels both in time and in space, it is guided by a single conviction – social and economic rights can become tools to achieve social transformation, and courts are the agents of this transformation.’
– Olivier De Schutter, United Nations Committee on Economic, Social and Cultural Rights
– Justice Kate O’Regan, Former Judge of the Constitutional Court of South Africa
‘This volume succeeds in doing the impossible: to bring together the major contributions that have shaped our thinking on the role of constitutional law and domestic courts in bringing life to social and economic rights. Although it covers a number of world regions and travels both in time and in space, it is guided by a single conviction – social and economic rights can become tools to achieve social transformation, and courts are the agents of this transformation.’
– Olivier De Schutter, United Nations Committee on Economic, Social and Cultural Rights
Contributors
24 articles, dating from 1987 to 2015
Contributors include: P. Alston, B. Goldblatt, K. Klare, S. Liebenberg, F. Michelman, G. Quinn, K. Sankaran, A. Sen, M. Sepúlveda Carmona
Contributors include: P. Alston, B. Goldblatt, K. Klare, S. Liebenberg, F. Michelman, G. Quinn, K. Sankaran, A. Sen, M. Sepúlveda Carmona
Contents
Contents:
Introduction Coming of Age: Socio-economic Rights as Human Rights
Sandra Fredman
PART I FOUNDATIONAL PRINCIPLES
1. Amartya Sen (2004), ‘Elements of a Theory of Human Rights’, Philosophy and Public Affairs, 32 (4), Fall, 315–56
2. Frank I. Michelman (2003), ‘The Constitution, Social Rights, and Liberal Political Justification’, International Journal of Constitutional Law, 1 (1), January, 13–34
3. Onora O’Neill (2005), ‘The Dark Side of Human Rights’, International Affairs, 81 (2), 427–39
4. Karl Klare (2015), ‘Critical Perspectives on Social and Economic Rights, Democracy and Separation of Powers’, in Helena Alviar Garcia, Karl Klare and Lucy A. Williams (eds), Social and Economic Rights in Theory and Practice: Critical Inquiries, Chapter 1, Abingdon, UK and New York, NY, USA: Routledge, 3–22, references
5. Sandra Liebenberg (2005), ‘The Value of Human Dignity in Interpreting Socio-Economic Rights’, South African Journal on Human Rights, 21, 1–31
PART II CONCEPTUALISING THE RELATIONSHIP BETWEEN RIGHTS AND DUTIES
6. Philip Alston and Gerard Quinn (1987), ‘The Nature and Scope of States Parties’ Obligations under the International Covenant on Economic, Social and Cultural Rights’, Human Rights Quarterly, 9 (2), May, 156–229
7. Audrey R. Chapman (1996), ‘A “Violations Approach” for Monitoring the International Covenant on Economic, Social and Cultural Rights’, Human Rights Quarterly, 18 (1), February, 23–66
8. Katharine G. Young (2008), ‘The Minimum Core of Economic and Social Rights: A Concept in Search of Content’, Yale Journal of International Law, 33, 113–75
9. Sigrun Skogly (2012), ‘The Requirement of Using the “Maximum of Available Resources” for Human Rights Realisation: A Question of Quality as Well as Quantity?’, Human Rights Law Review, 12 (3), 393–420
10. Colin Harvey and Eoin Rooney (2010), ‘Integrating Human Rights? Socio-Economic Rights and Budget Analysis’, European Human Rights Law Review, 3, 266–79
11. Magdalena Sepúlveda Carmona (2009), ‘The Obligations of “International Assistance and Cooperation” under the International Covenant on Economic, Social and Cultural Rights. A Possible Entry Point to a Human Rights Based Approach to Millennium Development Goal 8’, International Journal of Human Rights, 13 (1), 86–109
PART III THE ROLE OF COURTS
12. Jeff A. King (2008), ‘Institutional Approaches to Judicial Restraint’, Oxford Journal of Legal Studies, 28 (3), Autumn, 409–41
13. Rosalind Dixon (2007), ‘Creating Dialogue about Socioeconomic Rights: Strong-Form versus Weak-Form Judicial Review Revisited’, International Journal of Constitutional Law, 5 (3), July, 391–418
14. Alicia Ely Yamin (2014), ‘Promoting Equity in Health: What Role for Courts?’, Health and Human Rights Journal, 16 (2), December,
1–9
PART IV EQUALITY AND SOCIO-ECONOMIC RIGHTS
15. Sandra Fredman (2007), ‘Redistribution and Recognition: Reconciling Inequalities’, South African Journal on Human Rights, 23, 214–34
16. Gwen Brodsky and Shelagh Day (2005), ‘Denial of the Means of Subsistence as an Equality Violation’, Acta Juridica, 149–70
17. Kamala Sankaran (2007), ‘Special Provisions and Access to Socio- Economic Rights: Women and the Indian Constitution’, South African Journal on Human Rights, 23, 277–90
18. Leilani Farha (2002), ‘Is There a Woman in the House? Re/conceiving the Human Right to Housing?’, Canadian Journal of Women and the Law, 14, 118–41
19. Murray Wesson (2007), ‘Equality and Social Rights: An Exploration in Light of the South African Constitution’, Public Law, 748–69
20. Beth Goldblatt (2009), ‘The Right to Social Security – Addressing Women’s Poverty and Disadvantage’, South African Journal on Human Rights, 25, 442–66
21. Colleen M. Flood and Aeyal Gross (2014), ‘Litigating the Right to Health: What Can We Learn from a Comparative Law and Health Care Systems Approach’, Health and Human Rights Journal, 16 (2), December, 62–72
PART V REMEDIAL ENFORCEMENT
22. Kent Roach and Geoff Budlender (2005), ‘Mandatory Relief and Supervisory Jurisdiction: When is it Appropriate, Just and Equitable?’, South African Law Journal, 122 (2), 325–51
23. Varun Gauri and Daniel M. Brinks (2009), ‘Introduction: The Elements of Legalization and the Triangular Shape of Social and Economic Rights’, in Courting Social Justice: Judicial Enforcement of Social and Economic Rights in the Developing World, Chapter 1, Cambridge, UK: Cambridge University Press, 1–37
24. David Landau (2012), ‘The Reality of Social Rights Enforcement’, Harvard International Law Journal, 53 (1), Winter, 402–59
Index
Introduction Coming of Age: Socio-economic Rights as Human Rights
Sandra Fredman
PART I FOUNDATIONAL PRINCIPLES
1. Amartya Sen (2004), ‘Elements of a Theory of Human Rights’, Philosophy and Public Affairs, 32 (4), Fall, 315–56
2. Frank I. Michelman (2003), ‘The Constitution, Social Rights, and Liberal Political Justification’, International Journal of Constitutional Law, 1 (1), January, 13–34
3. Onora O’Neill (2005), ‘The Dark Side of Human Rights’, International Affairs, 81 (2), 427–39
4. Karl Klare (2015), ‘Critical Perspectives on Social and Economic Rights, Democracy and Separation of Powers’, in Helena Alviar Garcia, Karl Klare and Lucy A. Williams (eds), Social and Economic Rights in Theory and Practice: Critical Inquiries, Chapter 1, Abingdon, UK and New York, NY, USA: Routledge, 3–22, references
5. Sandra Liebenberg (2005), ‘The Value of Human Dignity in Interpreting Socio-Economic Rights’, South African Journal on Human Rights, 21, 1–31
PART II CONCEPTUALISING THE RELATIONSHIP BETWEEN RIGHTS AND DUTIES
6. Philip Alston and Gerard Quinn (1987), ‘The Nature and Scope of States Parties’ Obligations under the International Covenant on Economic, Social and Cultural Rights’, Human Rights Quarterly, 9 (2), May, 156–229
7. Audrey R. Chapman (1996), ‘A “Violations Approach” for Monitoring the International Covenant on Economic, Social and Cultural Rights’, Human Rights Quarterly, 18 (1), February, 23–66
8. Katharine G. Young (2008), ‘The Minimum Core of Economic and Social Rights: A Concept in Search of Content’, Yale Journal of International Law, 33, 113–75
9. Sigrun Skogly (2012), ‘The Requirement of Using the “Maximum of Available Resources” for Human Rights Realisation: A Question of Quality as Well as Quantity?’, Human Rights Law Review, 12 (3), 393–420
10. Colin Harvey and Eoin Rooney (2010), ‘Integrating Human Rights? Socio-Economic Rights and Budget Analysis’, European Human Rights Law Review, 3, 266–79
11. Magdalena Sepúlveda Carmona (2009), ‘The Obligations of “International Assistance and Cooperation” under the International Covenant on Economic, Social and Cultural Rights. A Possible Entry Point to a Human Rights Based Approach to Millennium Development Goal 8’, International Journal of Human Rights, 13 (1), 86–109
PART III THE ROLE OF COURTS
12. Jeff A. King (2008), ‘Institutional Approaches to Judicial Restraint’, Oxford Journal of Legal Studies, 28 (3), Autumn, 409–41
13. Rosalind Dixon (2007), ‘Creating Dialogue about Socioeconomic Rights: Strong-Form versus Weak-Form Judicial Review Revisited’, International Journal of Constitutional Law, 5 (3), July, 391–418
14. Alicia Ely Yamin (2014), ‘Promoting Equity in Health: What Role for Courts?’, Health and Human Rights Journal, 16 (2), December,
1–9
PART IV EQUALITY AND SOCIO-ECONOMIC RIGHTS
15. Sandra Fredman (2007), ‘Redistribution and Recognition: Reconciling Inequalities’, South African Journal on Human Rights, 23, 214–34
16. Gwen Brodsky and Shelagh Day (2005), ‘Denial of the Means of Subsistence as an Equality Violation’, Acta Juridica, 149–70
17. Kamala Sankaran (2007), ‘Special Provisions and Access to Socio- Economic Rights: Women and the Indian Constitution’, South African Journal on Human Rights, 23, 277–90
18. Leilani Farha (2002), ‘Is There a Woman in the House? Re/conceiving the Human Right to Housing?’, Canadian Journal of Women and the Law, 14, 118–41
19. Murray Wesson (2007), ‘Equality and Social Rights: An Exploration in Light of the South African Constitution’, Public Law, 748–69
20. Beth Goldblatt (2009), ‘The Right to Social Security – Addressing Women’s Poverty and Disadvantage’, South African Journal on Human Rights, 25, 442–66
21. Colleen M. Flood and Aeyal Gross (2014), ‘Litigating the Right to Health: What Can We Learn from a Comparative Law and Health Care Systems Approach’, Health and Human Rights Journal, 16 (2), December, 62–72
PART V REMEDIAL ENFORCEMENT
22. Kent Roach and Geoff Budlender (2005), ‘Mandatory Relief and Supervisory Jurisdiction: When is it Appropriate, Just and Equitable?’, South African Law Journal, 122 (2), 325–51
23. Varun Gauri and Daniel M. Brinks (2009), ‘Introduction: The Elements of Legalization and the Triangular Shape of Social and Economic Rights’, in Courting Social Justice: Judicial Enforcement of Social and Economic Rights in the Developing World, Chapter 1, Cambridge, UK: Cambridge University Press, 1–37
24. David Landau (2012), ‘The Reality of Social Rights Enforcement’, Harvard International Law Journal, 53 (1), Winter, 402–59
Index
