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Engaging with Social Rights

Engaging with Social Rights

Hardcover

Series: Comparative Constitutional Law and Policy

General LawSocial Movements

ISBN10: 1107029457
ISBN13: 9781107029453
Publisher: Cambridge University Press
Published: Apr 21 2016
Pages: 394
Weight: 1.53
Height: 0.88 Width: 6.00 Depth: 9.00
Language: English
With a new and comprehensive account of the South African Constitutional Court's social rights decisions, Brian Ray argues that the Court's procedural enforcement approach has had significant but underappreciated effects on law and policy, and challenges the view that a stronger substantive standard of review is necessary to realize these rights. Drawing connections between the Court's widely acclaimed early decisions and the more recent second-wave cases, Ray explains that the Court has responded to the democratic legitimacy and institutional competence concerns that consistently constrain it by developing doctrines and remedial techniques that enable activists, civil society and local communities to press directly for rights-protective policies through structured, court-managed engagement processes. Engaging with Social Rights shows how those tools could be developed to make state institutions responsive to the needs of poor communities by giving those communities and their advocates consistent access to policy-making and planning processes.

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Social Movements