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The Future of Economic and Social Rights

$175.00 (C)

Part of Globalization and Human Rights

Katharine G. Young, Amartya Sen, Evan Rosevear, Ran Hirschl, Courtney Jung, Malcolm Langford, David Landau, Rosalind Dixon, Michael A. Rebell, Arghya Sengupta, Ajey Sangai, Shruti Ambast, Akriti Gaur, Sandra Liebenberg, Roberto Gargarella, César Rodríguez-Garavito, Judith Resnik, Jeff King, Colm O'Cinneide, Colleen M. Flood, Bryan Thomas, David Rodriguez, Philip Alston, Amy J. Cohen, Jason Jackson, Jeremy Perelman, Lucie White, Kerry Ryan Chance, Olivier De Schutter, Rodrigo Uprimny, Sergio Chaparro, Andrés Castro Araújo
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  • Date Published: May 2019
  • availability: In stock
  • format: Hardback
  • isbn: 9781108418133

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  • The future of economic and social rights is unlikely to resemble its past. Neglected within the human rights movement, avoided by courts, and subsumed within a single-minded conception of development as economic growth, economic and social rights enjoyed an uncertain status in international human rights law and in the public laws of most countries. However, today, under conditions of immense poverty, insecurity, and political instability, the rights to education, health care, housing, social security, food, water, and sanitation are central components of the human rights agenda. The Future of Economic and Social Rights captures the significant transformations occurring in the theory and practice of economic and social rights, in constitutional and human rights law. Professor Katharine G. Young brings together a group of distinguished scholars from diverse disciplines to examine and advance the broad research field of economic and social rights that incorporates legal, political science, economic, philosophy and anthropology scholars.

    • Engages multiple disciplines
    • Integrates and involves international, comparative and single-country perspectives
    • Explores emerging doctrines and proposals from leading commentators on economic and social rights from international human rights and constitutional rights regimes
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    Reviews & endorsements

    'In a fast-growing area, Katharine G. Young stays at the forefront. She is sure-footed, rigorous and empathetic.' Albie Sachs, former Justice of the Constitutional Court of South Africa

    'Methodologically pluralist and ranging widely over the world, these interdisciplinary essays [do much more than survey the existing state of knowledge about social and economic rights. They] define important lines of inquiry for future scholarship. All scholars interested in the field, whatever their discipline, will find much here to help them understand the field and move knowledge forward.' Mark Tushnet, William Nelson Cromwell Professor of Law, Harvard University, Massachusetts

    'Economic and social rights are the future, whether through their realization, contributing to political stability and distributive justice, or through their denial, creating the space for individual and collective disempowerment, rising inequalities, political unrest and social conflict. The thought-provoking perspectives of the contributors to this book offer a nuanced understanding of both possibilities and of what lies in between.' Virgínia Brás Gomes, Chair of the UN Committee on Economic, Social and Cultural Rights

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    Product details

    • Date Published: May 2019
    • format: Hardback
    • isbn: 9781108418133
    • length: 706 pages
    • dimensions: 234 x 156 x 41 mm
    • weight: 1.1kg
    • contains: 12 b/w illus. 6 tables
    • availability: In stock
  • Table of Contents

    Foreword Amartya Sen
    1. Introduction Katharine G. Young
    Part I. Adjudication and Rights: Global Trends:
    2. Justiciable and aspirational ESRs in national constitutions Evan Rosevear, Ran Hirschl and Courtney Jung
    3. Judicial politics and social rights Malcolm Langford
    4. Constitutional non-transformation? Socioeconomic rights beyond the poor David Landau and Rosalind Dixon
    Part II. Adjudication and Rights in Context: Two Contrasts:
    5. The Right to Education in the American State Courts Michael A. Rebell
    6. Legislating human rights – experience of the right to Education Act in India Arghya Sengupta, Ajey Sangai, Shruti Ambast and Akriti Gaur
    Part III. Adjudication and Rights: Democracy and Courts:
    7. The participatory democratic turn in South Africa's social rights jurisprudence Sandra Liebenberg
    8. Why do we care about dialogue? 'Notwithstanding clause', 'meaningful engagement' and public hearings: a sympathetic but critical analysis Roberto Gargarella
    9. Empowered participatory jurisprudence: experimentation, deliberation and norms in socioeconomic rights adjudication César Rodríguez-Garavito
    10. Courts and economic and social rights/ courts as economic and social rights Judith Resnik
    Part IV. Economic and Social Rights in Retrenchment: Past and Future:
    11. The future of social rights: social rights as capstone Jeff King
    12. The present limits and future potential of European social constitutionalism Colm O'Cinneide
    13. Canada's confounding experience with health rights litigation and the search for a silver lining Colleen M. Flood, Bryan Thomas and David Rodriguez
    14. Universal basic income as a social rights-based antidote to growing economic insecurity Philip Alston
    Part V. Economic and Social Rights in Development: Local and Global Trajectories:
    15. Rights as logistics: notes on the right to food and food retail liberalization in India Amy J. Cohen and Jason Jackson
    16. Human rights, investment and the rights-ification of development: the practice of 'human rights impact assessments' in large-scale foreign investments in natural resources Jeremy Perelman
    17. Human rights testimony in a different pitch: speaking political power Lucie White
    18. Grassroots lawfare: how South Africa's urban poor use land as a legal instrument Kerry Ryan Chance
    Part VI. Rights and Accountability: Emerging Doctrines, Evolving Concepts:
    19. Public budget analysis for the realization of economic, social and cultural rights: conceptual framework and practical implementation Olivier De Schutter
    20. Bridging the gap: the evolving doctrine on ESCR and 'maximum available resources Rodrigo Uprimny, Sergio Chaparro and Andrés Castro Araújo
    21. Waiting for rights: progressive realization and lost time Katharine G. Young.

  • Editor

    Katharine G. Young, Boston College, Massachusetts
    Katharine G. Young is Associate Professor of Law at Boston College, Massachusetts. She has published widely in the fields of public law, human rights, and constitutionalism and is the author of Constituting Economic and Social Rights (2012) and editor of The Public Law of Gender (Cambridge, 2016) with Kim Rubenstein. She completed her doctorate in law at Harvard University, and was a fellow at Harvard's Justice, Welfare and Economics program.

    Foreword

    Amartya Sen, Harvard University, Massachusetts
    Amartya Sen is Thomas W. Lamont University Professor, and Professor of Economics and Philosophy, at Harvard University, Massachusetts. His books have been translated into more than thirty languages, and include On Economic Inequality (1973, 1997); Poverty and Famines (1981); Commodities and Capabilities (1985); The Standard of Living (1987); Development as Freedom (1999); The Idea of Justice (2009); An Uncertain Glory: India and its Contradictions (jointly with Jean Drèze, 2013); and The Country of First Boys (2015). Amartya Sen's awards include Bharat Ratna (India); Commandeur de la Legion d'Honneur (France); the National Humanities Medal (USA); Ordem do Merito Cientifico (Brazil); Honorary Companion of Honour (UK); the Aztec Eagle (Mexico); the Edinburgh Medal (UK); the George Marshall Award (USA); the Eisenhower Medal (USA); and the Nobel Prize in Economics.

    Contributors

    Katharine G. Young, Amartya Sen, Evan Rosevear, Ran Hirschl, Courtney Jung, Malcolm Langford, David Landau, Rosalind Dixon, Michael A. Rebell, Arghya Sengupta, Ajey Sangai, Shruti Ambast, Akriti Gaur, Sandra Liebenberg, Roberto Gargarella, César Rodríguez-Garavito, Judith Resnik, Jeff King, Colm O'Cinneide, Colleen M. Flood, Bryan Thomas, David Rodriguez, Philip Alston, Amy J. Cohen, Jason Jackson, Jeremy Perelman, Lucie White, Kerry Ryan Chance, Olivier De Schutter, Rodrigo Uprimny, Sergio Chaparro, Andrés Castro Araújo

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