Judging Social Rights (Cambridge Studies in Constitutional Law, Series Number 3) - Hardcover

King, Jeff

Hardcover

ISBN 10: 1107008026 ISBN 13: 9781107008021

Publisher: Cambridge University Press, 2012

Synopsis

Countries that now contemplate constitutional reform often grapple with the question of whether to constitutionalize social rights. This book presents an argument for why, under the right conditions, doing so can be a good way to advance social justice. In making such a case, the author considers the nature of the social minimum, the role of courts among other institutions, the empirical record of judicial impact, and the role of constitutional text. He argues, however, that when enforcing such rights, judges ought to adopt a theory of judicial restraint structured around four principles: democratic legitimacy, polycentricity, expertise and flexibility. These four principles, when taken collectively, commend an incrementalist approach to adjudication. The book combines theoretical, doctrinal, empirical and comparative analysis, and is written to be accessible to lawyers, social scientists, political theorists and human rights advocates.

About this title

About the Author

Jeff King is a senior lecturer at the Faculty of Laws, University College London, where he teaches public law, human rights and legal theory.

Edition details

• Publisher: Cambridge University Press
• Publication date: 2012
• Language: English
• ISBN 10: 1107008026
• ISBN 13: 9781107008021
• Binding: Hardcover
• Number of pages: 400