Judging Social Rights

Jeff King

• Publisher: Cambridge University Press
• Year: 2012
• Print ISBN: 9781107008021
• eBook ISBN: 9781139415477
• Topic: Law
• Subtopic: Public Law
• Index: Law

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.

Table of contents

• Cover
• JUDGING SOCIAL RIGHTS
• CAMBRIDGE STUDIES IN CONSTITUTIONAL LAW
• Title
• Copyright
• CONTENTS
• DETAILED TABLE OF CONTENTS
• ACKNOWLEDGMENTS
• TABLE OF CASES
• TABLE OF LEGISLATION
• 1 Introduction: aims and methods
• PART I The case for constitutional social rights
• PART II A theory of judicial restraint
• PART III Incrementalism
• Appendix 1: The scope of economic and social rights under international law
• BIBLIOGRAPHY
• INDEX