Engaging with social rights :
Ray, Brian E.
Engaging with social rights : procedure, participation, and democracy in South Africa's second wave / Brian Ray. - xi, 381 pages ; 24 cm. - Comparative constitutional law and policy . - Comparative constitutional law and policy. .
Includes bibliographical references and index.
Introduction -- Part I. Justiciability and the First Wave. The justiciability debate and the 1996 constitution -- The first wave cases -- A 'curious divergence' -- Part II. Procedure and the Second Wave. The second-wave cases -- The eviction cases -- Patterns and possibilities in the second wave -- Part III. Procedure's Potential. The eviction model -- Democratic engagement -- Conclusion: real rights.
"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." -- Publisher's description
9781107029453 1107029457
South Africa. Constitutional Court.
South Africa. Constitutional Court.
South Africa. Constitutional Court.
Social rights--South Africa.
Constitutional law--South Africa.
Democracy--South Africa.
Democracy.
Constitutional law.
Social rights.
South Africa.
KTL2460 / .R39 2016
342.68085
Engaging with social rights : procedure, participation, and democracy in South Africa's second wave / Brian Ray. - xi, 381 pages ; 24 cm. - Comparative constitutional law and policy . - Comparative constitutional law and policy. .
Includes bibliographical references and index.
Introduction -- Part I. Justiciability and the First Wave. The justiciability debate and the 1996 constitution -- The first wave cases -- A 'curious divergence' -- Part II. Procedure and the Second Wave. The second-wave cases -- The eviction cases -- Patterns and possibilities in the second wave -- Part III. Procedure's Potential. The eviction model -- Democratic engagement -- Conclusion: real rights.
"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." -- Publisher's description
9781107029453 1107029457
South Africa. Constitutional Court.
South Africa. Constitutional Court.
South Africa. Constitutional Court.
Social rights--South Africa.
Constitutional law--South Africa.
Democracy--South Africa.
Democracy.
Constitutional law.
Social rights.
South Africa.
KTL2460 / .R39 2016
342.68085