Food, water, health, housing, and education are as fundamental to
human freedom and dignity as privacy, religion, or speech. Yet only
recently have legal systems begun to secure these fundamental
individual interests as rights. This book looks at the dynamic
processes that render economic and social rights in legal form. It
argues that processes of interpretation, enforcement, and contestation
each reveal how economic and social interests can be protected as
human and constitutional rights, and how their protection changes
public law.
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.
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Produktdetaljer
ISBN
9780191639746
Publisert
2026
Utgave
1. utgave
Utgiver
Oxford University Press Academic UK
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter