Engaging with Social Rights

Procedure, Participation and Democracy in South Africa's Second Wave

By:

Brian Ray

Format:

Hardback

Series:

Comparative Constitutional Law and Policy

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Description

With a new and comprehensive account of the South African Constitutional Court's social rights decisions, Brian Ray argues that the Court's procedural enforcement approach has had significant but underappreciated effects on law and policy, and challenges the view that a stronger substantive standard of review is necessary to realize these rights. Drawing connections between the Court's widely acclaimed early decisions and the more recent second-wave cases, Ray explains that the Court has responded to the democratic legitimacy and institutional competence concerns that consistently constrain it by developing doctrines and remedial techniques that enable activists, civil society and local communities to press directly for rights-protective policies through structured, court-managed engagement processes. Engaging with Social Rights shows how those tools could be developed to make state institutions responsive to the needs of poor communities by giving those communities and their advocates consistent access to policy-making and planning processes.

Author Biography:

Brian Ray is Professor of Law at Cleveland-Marshall College of Law, Cleveland State University. He has published widely on social rights and judicial review, and his work has appeared in leading journals including the Stanford Journal of International Law, the South African Journal of Human Rights and the Constitutional Court Review.

Release date Australia

April 21st, 2016

Author

Brian Ray

Audience

Professional & Vocational

Pages

394

Series

Comparative Constitutional Law and Policy

Dimensions

158x235x27

ISBN-13

9781107029453

Product ID

24070674

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