Social Rights Judgments And The Politics Of Compliance
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Author | : Malcolm Langford |
Publisher | : Cambridge University Press |
Total Pages | : 547 |
Release | : 2017-03-02 |
Genre | : Political Science |
ISBN | : 1108211224 |
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.
Author | : Malcolm Langford |
Publisher | : Cambridge University Press |
Total Pages | : 547 |
Release | : 2017-03-02 |
Genre | : Law |
ISBN | : 1107160219 |
This is the first book to map and explain compliance with judgments of social rights across multiple jurisdictions.
Author | : Courtney Hillebrecht |
Publisher | : Cambridge University Press |
Total Pages | : 207 |
Release | : 2014-02-10 |
Genre | : Law |
ISBN | : 1107040221 |
International politics has become increasingly legalized over the past fifty years, restructuring the way states interact with each other, international institutions, and their own constituents. The international legalization of human rights now makes it possible for individuals to take human rights claims against their governments at international courts such as the European and Inter-American Courts of Human Rights. This book brings together theories from international law, human rights and international relations to explain the increasingly important phenomenon of states' compliance with human rights tribunals' rulings. It argues that this is an inherently domestic affair. It posits three overarching questions: why do states comply with human rights tribunals' rulings? How does the compliance process unfold and what are the domestic political considerations around compliance? What effect does compliance have on the protection of human rights? The book answers these through a combination of quantitative analyses and in-depth case studies from Argentina, Brazil, Colombia, Italy, Portugal, Russia and the United Kingdom.
Author | : Andreas von Staden |
Publisher | : University of Pennsylvania Press |
Total Pages | : 349 |
Release | : 2018-05-02 |
Genre | : Law |
ISBN | : 0812295153 |
In Strategies of Compliance with the European Court of Human Rights, Andreas von Staden looks at the nature of human rights challenges in two enduring liberal democracies—Germany and the United Kingdom. Employing an ambitious data set that covers the compliance status of all European Court of Human Rights judgments rendered until 2015, von Staden presents a cross-national overview of compliance that illustrates a strong correlation between the quality of a country's democracy and the rate at which judgments have met compliance. Tracing the impact of violations in Germany and the United Kingdom specifically, he details how governments, legislators, and domestic judges responded to the court's demands for either financial compensation or changes to laws, policies, and practices. Framing his analysis in the context of the long-standing international relations debate between rationalists who argue that actions are dictated by an actor's preferences and cost-benefit calculations, and constructivists, who emphasize the influence of norms on behavior, von Staden argues that the question of whether to comply with a judgment needs to be analyzed separately from the question of how to comply. According to von Staden, constructivist reasoning best explains why Germany and the United Kingdom are motivated to comply with the European Court of Human Rights judgments, while rationalist reasoning in most cases accounts for how these countries bring their laws, policies, and practices into sufficient compliance for their cases to be closed. When complying with adverse decisions while also exploiting all available options to minimize their domestic impact, liberal democracies are thus both norm-abiding and rational-instrumentalist at the same time—in other words, they choose their compliance strategies rationally within the normative constraint of having to comply with the Court's judgments.
Author | : Malcolm Langford |
Publisher | : Cambridge University Press |
Total Pages | : 705 |
Release | : 2008 |
Genre | : Law |
ISBN | : 0521860946 |
The book is the most comprehensive in its area and analyses many jurisdictions that have received little attention.
Author | : Jeff King |
Publisher | : Cambridge University Press |
Total Pages | : 399 |
Release | : 2012-05-10 |
Genre | : Law |
ISBN | : 1107008026 |
Jeff King argues in favour of constitutionalising social rights, and presents an incrementalist approach to judicial enforcement.
Author | : Katharine G. Young |
Publisher | : Cambridge University Press |
Total Pages | : 711 |
Release | : 2019-04-11 |
Genre | : Law |
ISBN | : 1108418139 |
Captures significant transformations in the theory and practice of economic and social rights in constitutional and human rights law.
Author | : Paul Gready |
Publisher | : Cambridge University Press |
Total Pages | : 345 |
Release | : 2019-02-21 |
Genre | : Political Science |
ISBN | : 1108668577 |
Transitional justice has become the principle lens used by countries emerging from conflict and authoritarian rule to address the legacies of violence and serious human rights abuses. However, as transitional justice practice becomes more institutionalized with support from NGOs and funding from Western donors, questions have been raised about the long-term effectiveness of transitional justice mechanisms. Core elements of the paradigm have been subjected to sustained critique, yet there is much less commentary that goes beyond critique to set out, in a comprehensive fashion, what an alternative approach might look like. This volume discusses one such alternative, transformative justice, and positions this quest in the wider context of ongoing fall-out from the 2008 global economic and political crisis, as well as the failure of social justice advocates to respond with imagination and ambition. Drawing on diverse perspectives, contributors illustrate the wide-ranging purchase of transformative justice at both conceptual and empirical levels.
Author | : American Bar Association. House of Delegates |
Publisher | : American Bar Association |
Total Pages | : 216 |
Release | : 2007 |
Genre | : Law |
ISBN | : 9781590318737 |
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author | : Grote, Rainer |
Publisher | : Edward Elgar Publishing |
Total Pages | : 576 |
Release | : 2021-10-21 |
Genre | : Political Science |
ISBN | : 1788971124 |
This comprehensive Research Handbook offers an in-depth examination of the most significant factors affecting compliance with international human rights law, which has emerged as one of the key problems in the efforts to promote effective protection of human rights. In particular, it examines the relationships between regional human rights courts and domestic actors and judiciaries.