Constituting Economic and Social Rights

Paperback | October 31, 2014

byKatharine G. Young

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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 the dynamic processes that render economic andsocial 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 constitutional rights, 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 andin 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 entitlements to processes of value-based, deliberative problem solving. Theories of constitutionalism andgovernance 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 conflict caused, in part, by law itself.

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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 the dynamic processes that render economic andsocial rights in legal form. It argues that ...

Dr Katharine Young is Associate Professor at Boston College Law School. She completed doctoral studies at Harvard Law School and law and arts degrees at Melbourne Law School. Dr Young has served as a Fellow at a number of interdisciplinary programs, including Amartya Sen's Project on Justice, Welfare and Economics at Harvard Universit...

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Format:PaperbackDimensions:384 pages, 9.21 × 6.14 × 0.68 inPublished:October 31, 2014Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198727895

ISBN - 13:9780198727897

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Table of Contents

1. Introduction: The Path to TransformationPart I: Constituting Rights by Interpretation2. Interpretative Standpoints3. Interpreting the Minimum4. Interpreting LimitsPart II: Constituting Rights by Enforcement5. A Typology of Judicial Review6. The Catalytic Court7. A Comparative Typology of CourtsPart III: Constituting Rights by Contestation8. Social Movements and Economic and Social Rights9. The Governance Function of Economic and Social Rights10. Conclusion: Economic and Social Rights as Human Rights and Constitutional Rights

Editorial Reviews

"Katharine Young's book is both an ideal introduction to the discourse of social and economic rights and an important advance of the field. She offers a spirited defense of the possibility of a human rights practice that is both grounded and emancipatory. Skeptics will find that theirreservations are extensively and fairly considered. Activists will find many provocative challenges to their conventional wisdom. All readers will be grateful for her lucid and lively exposition." --William H. Simon, Arthur Levitt Professor of Law, Columbia Law School