1 Constituting

Economic and Social Rights

Katharine G. Young, Senior Lecturer, Australian National University College of Law

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Develops an original, analytic model for understanding the rapid legal expansion of socio-economic rights, and their impact on public law and constitutional theory Contains comparative examples from such constitutions as South Africa, Canada, Colombia, Germany, Ghana, India, United Kingdom, and the United States, as well as international systems, enriching the comparative law literature Draws on judicial, legislative, and executive interactions, as well as civil society and market participants, in a sophisticated legal methodology, overcoming the limitations of traditional court-focused studies 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 and in 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 and governance 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. Readership: Academics and students working in constitutional law, constitutional theory, social justice, human rights law, human rights theory, political science or political theory.

August 2012 |352 pages 978-0-19-964193-2 Hardback 50.00 40.00 *Quote promotional code ALAUTH6 to claim your discount. See overleaf for more details

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Table of Contents
1: Introduction: The Path to Transformation Part I: Constituting Rights by Interpretation 2: Interpretative Standpoints 3: Interpreting the Minimum 4: Interpreting Limits Part II: Constituting Rights by Enforcement 5: A Typology of Judicial Review 6: The Catalytic Court 7: A Comparative Typology of Courts Part III: Constituting Rights by Contestation 8: Social Movements and Economic and Social Rights 9: The Governance Function of Economic and Social Rights 10: Conclusion: Economic and Social Rights as Human Rights and Constitutional Rights

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