Judicial Review, Socio-Economic Rights and the Human Rights Act

2007-08-31 Law

Author : Ellie Palmer
Release : 2007-08-31
Genre : Law
Kind : eBook
Book Rating : 760/5 ( reviews)

Book Synopsis Judicial Review, Socio-Economic Rights and the Human Rights Act by : Ellie Palmer

Download or read book Judicial Review, Socio-Economic Rights and the Human Rights Act written by Ellie Palmer. This book was released on 2007-08-31. Available in PDF, EPUB and Kindle. Book excerpt: In the United Kingdom during the past decade, individuals and groups have increasingly tested the extent to which principles of English administrative law can be used to gain entitlements to health and welfare services and priority for the needs of vulnerable and disadvantaged groups. One of the primary purposes of this book is to demonstrate the extent to which established boundaries of judicial intervention in socio-economic disputes have been altered by the extension of judicial powers in sections 3 and 6 of the Human Rights Act 1998, and through the development of a jurisprudence of positive obligations in the European Convention on Human Rights 1950. Thus, the substantive focus of the book is on developments in the constitutional law of the United Kingdom. However, the book also addresses key issues of theoretical human rights, international and comparative constitutional law. Issues of justiciability in English administrative law have therefore been explored against a background of two factors: a growing acceptance of the need for balance in the protection in modern constitutional arrangements afforded to civil and political rights on the one hand and socio-economic rights on the other hand; and controversy as to whether courts could make a more effective contribution to the protection of socio-economic rights with the assistance of appropriately tailored constitutional provisions.

Human Rights and Judicial Review: A Comparative Perspective

2021-09-27 Law

Author : David M. Beatty
Release : 2021-09-27
Genre : Law
Kind : eBook
Book Rating : 406/5 ( reviews)

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Book Synopsis Human Rights and Judicial Review: A Comparative Perspective by : David M. Beatty

Download or read book Human Rights and Judicial Review: A Comparative Perspective written by David M. Beatty. This book was released on 2021-09-27. Available in PDF, EPUB and Kindle. Book excerpt: Human Rights and Judicial Review: A Comparative Perspective collects, in one volume, a basic description of the most important principles and methods of analysis followed by the major Courts enforcing constitutional Bills of Rights around the world. The Courts include the Supreme Courts of Japan, India, Canada and the United States, the Constitutional Courts of Germany and Italy and the European Court of Human Rights. Each chapter is devoted to an analysis of the substantive jurisprudence developed by these Courts to determine whether a challenged law is constitutional or not, and is written by members of these Courts who have had a prior academic career. The book highlights the similarities and differences in the analytical methods used by these courts in determining whether or not someone's constitutional rights have been violated. Students and scholars of constitutional law and human rights, judges and advocates engaged in constitutional litigation will find the book a unique and valuable resource.

Weak Courts, Strong Rights

2009-07-20 Political Science

Author : Mark Tushnet
Release : 2009-07-20
Genre : Political Science
Kind : eBook
Book Rating : 155/5 ( reviews)

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Book Synopsis Weak Courts, Strong Rights by : Mark Tushnet

Download or read book Weak Courts, Strong Rights written by Mark Tushnet. This book was released on 2009-07-20. Available in PDF, EPUB and Kindle. Book excerpt: Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.

Vindicating Socio-Economic Rights

2012-02-21 Law

Author : Paul O'Connell
Release : 2012-02-21
Genre : Law
Kind : eBook
Book Rating : 534/5 ( reviews)

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Book Synopsis Vindicating Socio-Economic Rights by : Paul O'Connell

Download or read book Vindicating Socio-Economic Rights written by Paul O'Connell. This book was released on 2012-02-21. Available in PDF, EPUB and Kindle. Book excerpt: Notwithstanding the widespread and persistent affirmation of the indivisibility and equal worth of all human rights, socio-economic rights continue to be treated as the "Cinderella" of the human rights corpus. At a domestic level this has resulted in little appetite for the explicit recognition and judicial enforcement of such rights in constitutional democracies. The primary reason for this is the prevalent apprehension that the judicial enforcement of socio-economic rights is fundamentally at variance with the doctrine of the separation of powers. This study, drawing on comparative experiences in a number of jurisdictions which have addressed (in some cases more explicitly than others) the issue of socio-economic rights, seeks to counter this argument by showing that courts can play a substantial role in the vindication of socio-economic rights, while still respecting the relative institutional prerogatives of the elected branches of government. Drawing lessons from experiences in South Africa, India, Canada and Ireland, this study seeks to articulate a "model adjudicative framework" for the protection of socio-economic rights. In this context the overarching concern is to find some role for the courts in vindicating socio-economic rights, while also recognising the importance of the separation of powers and the primary role that the elected branches of government must play in protecting and vindicating such rights. The text incorporates discussion of the likely impact and significance of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, and looks at the implications of the Mazibuko decision for the development of South Africa’s socio-economic rights jurisprudence.

The Future of Economic and Social Rights

2019-04-11 Law

Author : Katharine G. Young
Release : 2019-04-11
Genre : Law
Kind : eBook
Book Rating : 139/5 ( reviews)

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Book Synopsis The Future of Economic and Social Rights by : Katharine G. Young

Download or read book The Future of Economic and Social Rights written by Katharine G. Young. This book was released on 2019-04-11. Available in PDF, EPUB and Kindle. Book excerpt: Captures significant transformations in the theory and practice of economic and social rights in constitutional and human rights law.

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Judicial Review, Socio-Economic Rights and the Human Rights Act

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