Results 51 to 60 of about 242 (179)

What makes a legal problem? Dispute characteristics and the construction of legality

Journal of Law and Society, Volume 53, Issue 1, Page 3-26, March 2026.
Abstract Individuals rarely turn to law when faced with civil legal problems and often do not perceive the problems that they experience as legal matters. Though not all justiciable problems require recourse to lawyers or legal institutions, the dynamics of legal characterization and responsive behaviour are important for understanding dispute ...
NIGEL BALMER, CATRINA DENVIR, HUGH MCDONALD, EMILY S. TAYLOR POPPE   +3 more
wiley   +1 more source

Analysis of the Challenges and Dilemmas in the Categorization of Economic, Social and Cultural Rights

مجلة الآداب
This paper discusses the limitations associated with the basic classification of human rights into several categories. The topic of whether international trends have an impact on the State's view of the significance of implementing rights through the ...
Bimbo OGUNBANJO
doaj   +1 more source

El constitucionalismo de los derechos: apuntes sobre la nueva Constitución ecuatoriana de 2008

Revista Vasca de Administración Pública, 2009
The 2008 Constitution from Ecuador is another example of the new latinoamerican constitutionalism distinguished, among many other features, for setting a model for the full protection and justiciability of rights, with no previous examples found on the ...
Albert Noguera Fernández
doaj   +1 more source

Justiciabilidade dos direitos sociais e econômicos no o Brasil: desafios e perspectivas

Araucaria, 2006
The study of the fundamental rights must be oriented by an integral vision characterized by the indivisibility and interdependence of the classic freedom’s rights and the social, economic and cultural rights. From this perspective, and in the light of
Flavia Piovesan, Renato Stanziola Vieira
doaj  

The Justiciability of Social Rights in Morocco and France

مجلة الدراسات والبحوث القانونية, 2020
Justiciability is a new idea and is in the process of taking root, the idea of submitting a challenge to violations of social rights to a judicial body; including the goal of building an order concerned with equity and social democracy.
Jamal Mesbah
doaj  

Bringing It All Together: Leveraging Social Movements and the Courts to Advance Substantive Human Rights and Climate Justice. [PDF]

Hum Rights Rev, 2022
Smith-Carrier T, Manion K.
europepmc   +1 more source

Scope and limits of judicialisation of the constitutional right to health in South Africa: an appraisal of key cases with particular reference to justiciability

Revista de Direito Sanitário, 2013
Section 27 of the South African Constitution guarantees everyone a right of access to healthcare services, including reproductive healthcare. This paper discusses how domestic courts have interpreted and applied section 27.
NGWENA, Charles
doaj   +1 more source

Dutifully Defying Death: A Right to Life-saving Emergency Treatment. [PDF]

Med Law Rev, 2021
Lui E.
europepmc   +1 more source

THE CLAIM AND THE RELIEF: REVEALING MISCONCEPTIONS AND MISSTEPS IN THE U.S. SUPREME COURT’S JURISPRUDENCE FOR §1983 ACTIONS AND BLACK LIVES MATTER

Columbia Journal of Race and Law
This article explores the persistent challenges in addressing police brutality through civil rights litigation, focusing on the limitations imposed by federal jurisdiction and justiciability doctrines post-Lyons.
Simona Grossi
doaj   +1 more source

The Prohibition of Torture from a Human Rights Perspective: Fiction or Reality in the Current Rule of Law

Age of Human Rights Journal, 2023
This article discusses the problem of torture in Mexico and its impact on the legitimacy of the State and the protection of human rights. Despite the normative advances in the configuration of the notion of torture, there are problems of effectiveness ...
Geofredo Angulo López
doaj