Judging social rights /
- Publication info:
- Cambridge : Cambridge University Press, 2012.
Osgoode Hall Law School Library
On the Shelf
- Judging social rights / Jeff King, University College London.
- Main Author:
- King, Jeff, 1973-
Cambridge : Cambridge University Press, 2012
"States 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 the court among other institutions, the empirical record of judicial impact and the role of constitutional text. He argues, however, that when enforcing such rights, courts 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"--
- Item Description:
"the book began as a doctoral dissertation completed at the University of Oxford, Keble College."--Page xiii.
- Physical Description:
xxvii, 370 pages ; 23 cm.
Includes bibliographical references (pages 328-355) and index.
Table of Contents
- Introduction : aims and methods
- The case for social rights
- The value of courts in light of the alternatives
- A basic interpretive approach
- Institutional approaches to judicial restraint
- Democratic legitimacy ? Polycentricity ? Expertise ? Flexibility
- Incrementalism as a general theme.