Ray, Brian
자료유형 | e-Book |
---|---|
개인저자 | Ray, Brian, author. |
서명/저자사항 | Engaging with Social Rights :Procedure, Participation and Democracy in South Africa's Second Wave :Brian Ray. |
형태사항 | 1 online resource (394 pages) :digital, PDF file(s). |
총서사항 | Comparative Constitutional Law and Policy. |
총서부출표목 | Comparative Constitutional Law and Policy. |
기타형태 저록 | Print version, 9781107029453 |
ISBN | 9781139333702 (ebook) |
일반주기 | Title from publisher's bibliographic system (viewed on 04 Aug 2016). |
요약 | 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. |
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