Sa Public Law
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Author | : Brian Ray |
Publisher | : Cambridge University Press |
Total Pages | : 395 |
Release | : 2016-04-21 |
Genre | : Law |
ISBN | : 1107029457 |
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 | : South Africa |
Publisher | : |
Total Pages | : 177 |
Release | : 2012 |
Genre | : Constitutional law |
ISBN | : |
Author | : Bernard Bekink |
Publisher | : |
Total Pages | : 784 |
Release | : 2012 |
Genre | : Constitutional law |
ISBN | : 9780409125726 |
Author | : |
Publisher | : |
Total Pages | : 182 |
Release | : 2011 |
Genre | : South Africa |
ISBN | : 9780621390636 |
Author | : Blake Emerson |
Publisher | : |
Total Pages | : 289 |
Release | : 2019 |
Genre | : Law |
ISBN | : 0190682876 |
The Public's Law is a theory and history of democracy in the American administrative state. The book describes how American Progressive thinkers - such as John Dewey, W.E.B. Du Bois, and Woodrow Wilson - developed a democratic understanding of the state from their study of Hegelian political thought. G.W.F. Hegel understood the state as an institution that regulated society in the interest of freedom. This normative account of the state distinguished his view from later German theorists, such as Max Weber, who adopted a technocratic conception of bureaucracy, and others, such as Carl Schmitt, who prioritized the will of the chief executive. The Progressives embraced Hegel's view of the connection between bureaucracy and freedom, but sought to democratize his concept of the state. They agreed that welfare services, economic regulation, and official discretion were needed to guarantee conditions for self-determination. But they stressed that the people should participate deeply in administrative policymaking. This Progressive ideal influenced administrative programs during the New Deal. It also sheds light on interventions in the War on Poverty and the Second Reconstruction, as well as on the Administrative Procedure Act of 1946. The book develops a normative theory of the state on the basis of this intellectual and institutional history, with implications for deliberative democratic theory, constitutional theory, and administrative law. On this view, the administrative state should provide regulation and social services through deliberative procedures, rather than hinge its legitimacy on presidential authority or economistic reasoning.
Author | : Library of Congress. Subject Cataloging Division |
Publisher | : Washington : Library of Congress, Processing Department, Subject Cataloging Division |
Total Pages | : 1366 |
Release | : 1957 |
Genre | : Subject headings |
ISBN | : |
Author | : |
Publisher | : |
Total Pages | : 812 |
Release | : 1968 |
Genre | : Delegated legislation |
ISBN | : |
Author | : Helen Fenwick |
Publisher | : Cavendish Publishing |
Total Pages | : 1143 |
Release | : 2003-08 |
Genre | : Law |
ISBN | : 1843145383 |
First published in 2003. Routledge is an imprint of Taylor & Francis, an informa company.
Author | : United States |
Publisher | : |
Total Pages | : 408 |
Release | : 1972 |
Genre | : Nuclear energy |
ISBN | : |
Author | : United States. Congress. Joint Committee on Atomic Energy |
Publisher | : |
Total Pages | : 414 |
Release | : 1973 |
Genre | : Nuclear energy |
ISBN | : |