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Social Rights Judgments and the Politics of Compliance Malcolm Langford (Universitetet i Oslo)

Social Rights Judgments and the Politics of Compliance By Malcolm Langford (Universitetet i Oslo)

Social Rights Judgments and the Politics of Compliance by Malcolm Langford (Universitetet i Oslo)


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Summary

This book is the first to engage in a broad comparative study of the enforcement of judgments of social rights, such as health, housing, social security and education. It finds both spectacular successes and failures and analyses why there is a variance and what can be done to improve compliance with court rulings.

Social Rights Judgments and the Politics of Compliance Summary

Social Rights Judgments and the Politics of Compliance: Making it Stick by Malcolm Langford (Universitetet i Oslo)

The past few decades have witnessed an explosion of judgments on social rights around the world. However, we know little about whether these rulings have been implemented. Social Rights Judgments and the Politics of Compliance is the first book to engage in a comparative study of compliance of social rights judgments as well as their broader effects. Covering fourteen different domestic and international jurisdictions, and drawing on multiple disciplines, it finds significant variance in outcomes and reveals both spectacular successes and failures in making social rights a reality on the ground. This variance is strikingly similar to that found in previous studies on civil rights, and the key explanatory factors lie in the political calculus of defendants and the remedial framework. The book also discusses which strategies have enhanced implementation, and focuses on judicial reflexivity, alliance building and social mobilisation.

About Malcolm Langford (Universitetet i Oslo)

Malcolm Langford is Associate Professor at the Faculty of Law, Universitetet i Oslo and Co-Director of the Centre on Law and Social Transformation, Chr. Michelsen Institute and Universitetet i Bergen, Norway. Cesar Rodriguez-Garavito is Executive Director of the Center for Law, Justice, and Society (Dejusticia) and Associate Professor of Law at Universidad de los Andes, Colombia. Julieta Rossi is Associate Professor at the Centre for Justice and Human Rights, National University of Lanus, and Researcher and advisor to the Human Rights Commission at the Legislature (Senator Chamber) of the Province of Buenos Aires.

Table of Contents

Part I. Overview: 1. Introduction: from jurisprudence to compliance Malcolm Langford, Cesar Rodriguez-Garavito and Julieta Rossi; 2. Explaining compliance: lessons learnt from civil and political rights Basak Cali and Anne Koch; 3. Beyond enforcement: assessing and enhancing judicial impact Cesar Rodriguez-Garavito; Part II. Case Studies: 4. Costa Rica: understanding variations in compliance Bruce M. Wilson and Olman A. Rodriguez L.; 5. Argentina: implementation of collective cases Martin Sigal, Julieta Rossi and Diego Morales; 6. Brazil: are collective suits harder to enforce? Octavio Luiz Motta Ferraz; 7. Canada: systemic claims and remedial diversity Bruce Porter; 8. United States: education rights and the parameters of the possible Amanda Shanor and Cathy Albisa; 9. India: compliance with orders on the right to food Poorvi Chitalkar and Varun Gauri; 10. South Africa: rethinking enforcement narratives Malcolm Langford and Steve Kahanovitz; 11. The African human rights system and domestic enforcement Frans Viljoen; 12. Reproductive rights litigation: from recognition to transformation Luisa Cabal and Suzannah Phillips; 13. International housing rights and domestic prejudice: the case of Roma and Travellers Andi Dobrushi and Theodoros Alexandridis; Part III. Concluding Perspectives: 14. Solving the problem of (non)compliance in SE rights litigation Daniel M. Brinks.

Additional information

GOR013423608
9781316613313
1316613313
Social Rights Judgments and the Politics of Compliance: Making it Stick by Malcolm Langford (Universitetet i Oslo)
Used - Like New
Paperback
Cambridge University Press
2018-05-10
545
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
The book has been read, but looks new. The book cover has no visible wear, and the dust jacket is included if applicable. No missing or damaged pages, no tears, possible very minimal creasing, no underlining or highlighting of text, and no writing in the margins

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