Results 211 to 220 of about 52,206 (263)
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Are Socio-Economic Rights a Form of Political Rights?
South African Journal on Human Rights, 2015This article focuses on a particular problem in South Africa - and that has arisen in many developing democracies around the world - concerning the frequent failures of representative institutions adequately to represent and address the interests of the poor. It explores some of the underlying reasons that have been advanced to explain this phenomenon.
David Bilchitz
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2020
Chapter 8 provides a critical analysis of some of the difficulties experienced in attempting to promote the development of universal social and economic rights. It discusses the importance of ideology, human agency and power in the historical development of concepts of socio-economic rights in nation-states and then in international human rights ...
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Chapter 8 provides a critical analysis of some of the difficulties experienced in attempting to promote the development of universal social and economic rights. It discusses the importance of ideology, human agency and power in the historical development of concepts of socio-economic rights in nation-states and then in international human rights ...
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2012
This article has two primary objectives: to interrogate objections to social and economic rights and, secondly, to examine the extent to which these objections have given rise to different forms of judicial and constitutional responses to social and economic rights in comparative national jurisdictions.
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This article has two primary objectives: to interrogate objections to social and economic rights and, secondly, to examine the extent to which these objections have given rise to different forms of judicial and constitutional responses to social and economic rights in comparative national jurisdictions.
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2014
Regardless of philosophical controversies over whether socio-economic rights properly belong in constitutions, the omission of such rights was never a plausible political option for constitution-makers after the fall of Communism. The chapter opens with a discussion of how the controversies over constitutionalization of those rights affected their ...
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Regardless of philosophical controversies over whether socio-economic rights properly belong in constitutions, the omission of such rights was never a plausible political option for constitution-makers after the fall of Communism. The chapter opens with a discussion of how the controversies over constitutionalization of those rights affected their ...
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Relational Socio-Economic Rights
South African Journal on Human Rights, 2009Notwithstanding the state-centeredness of most theories on socio-economic rights, the objects of these rights are often accessed privately, within and by way of relationships. Viewing socio-economic obligations as primarily enforceable against the state ignores the significant power of parties to private relationships to control the terms of access to ...
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Socio-economic rights as minority rights
2007Abstract This chapter covers international jurisprudential developments relating to minorities as regards socio-economic rights. On the one hand it considers cases that deal with discrimination against minorities in access to socio-economic rights and opportunities, but its focus lies beyond these concerns.
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The Death of Socio‐Economic Rights
The Modern Law Review, 2011Over the last decade, apex courts in Canada, India, and South Africa – which have traditionally been viewed as socio‐economic rights friendly – have issued judgments fundamentally at variance with the meaningful protection of socio‐economic rights. This jurisprudential turn can be understood as part of a de facto harmonisation of constitutional rights ...
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On Human Rights and the Socio-Economic Context
Netherlands International Law Review, 1984One of the controversial questions in the area of human rights has been that concerning the status of economic, social and cultural rights; and while the entry into force of the two Covenants in 1976 may be considered as conclusively establishing the status of these rights under international law some dissent on the matter continues to be expressed ...
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Human Dignity and Socio-Economic Rights
Liverpool Law Review, 2012The South African Constitution numbers among a very few constitutions around the world which include justiciable socio-economic rights. One of the controversies surrounding judicial enforcement of such rights is the extent to which it is appropriate for courts to engage in policy choices in relation to the use of state resources in light of the ...
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Justiciability of Socio-economic Rights in Tanzania
African Journal of International and Comparative Law, 2015Socio-economic rights have been broadly defined to include the right to work, the right to social security, the right to family life, the right to an adequate standard of living, the right to health and the right to free education. The right to work embraces every person’s right to have access to work and that work should be under just and favourable ...
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