Countries that now contemplate constitutional reform often grapple with the question of whether to constitutionalise social rights. This book presents an argument for why, under the right conditions, doing so can be a good way to advance social justice. In making such a case, the author considers the nature of the social minimum, the role of courts among other institutions, the empirical record of judicial impact, and the role of constitutional text. He argues, however, that when enforcing such rights, judges ought to adopt ...
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Countries that now contemplate constitutional reform often grapple with the question of whether to constitutionalise social rights. This book presents an argument for why, under the right conditions, doing so can be a good way to advance social justice. In making such a case, the author considers the nature of the social minimum, the role of courts among other institutions, the empirical record of judicial impact, and the role of constitutional text. He argues, however, that when enforcing such rights, judges ought to adopt a theory of judicial restraint structured around four principles: democratic legitimacy, polycentricity, expertise and flexibility. These four principles, when taken collectively, commend an incrementalist approach to adjudication. The book combines theoretical, doctrinal, empirical and comparative analysis, and is written to be accessible to lawyers, social scientists, political theorists and human rights advocates.
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The item shows wear from consistent use, but it remains in good condition and works perfectly. All pages and cover are intact (including the dust cover, if applicable). Spine may show signs of wear. Pages may include limited notes and highlighting. May NOT include discs, access code or other supplemental materials.
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New. Trade paperback (US). Contains: Halftones, Tables, black & white. Cambridge Studies in Constitutional Law . 1 b/w illus. 2 tables. Intended for professional and scholarly audience.
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New. Trade paperback (US). 400 p. Cambridge Studies in Constitutional Law . 2 Tables, black and white; 1 Halftones, unspecified. Intended for professional and scholarly audience.
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New. Trade paperback (US). Contains: Halftones, Tables, black & white. Cambridge Studies in Constitutional Law . 1 b/w illus. 2 tables. Intended for professional and scholarly audience.
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New. 400 p. Cambridge Studies in Constitutional Law . 2 Tables, black and white; 1 Halftones, unspecified. Intended for professional and scholarly audience.
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