%{search_type} search results

1,252 catalog results

RSS feed for this result
Book
xiii, 274 pages : illustrations ; 24 cm.
  • 1. Introduction-- Section I: Interpolating vernacular dispute management in South Africa-- 2. Contentious background: history and theory-- Section II: Institutional attributes of dispute management in Msinga-- 3. Controversial subject matter: what disputes are heard?-- 4. Competing authorities: what forums exist over what jurisdictions and how do they manage disputes between them?-- Section III: Interpersonal attributes of dispute management in Msinga-- 5. Contradictory social relations: who is disputing with whom and why?-- 6. Conflicting identities: fears, vulnerabilities and strengths accompanying gender and age-- 7. Confounding objectives: what do people really want?-- Section IV: Integrating access to justice and human security in rural South Africa-- 8. Conclusion: a vision of the South African legal order far beyond the Traditional Courts Bill.
  • (source: Nielsen Book Data)9781138060777 20180326
For most people in rural South Africa, traditional justice mechanisms provide the only feasible means of accessing any form of justice. These mechanisms are popularly associated with restorative justice, reconciliation and harmony in rural communities. Yet, this ethnographic study grounded in the political economy of rural South Africa reveals how historical conditions and contemporary pressures have strained these mechanisms' ability to deliver the high normative ideals with which they are notionally linked. In places such as Msinga access to justice is made especially precarious by the reality that human insecurity - a composite of physical, social and material insecurity - is high for both ordinary people and the authorities who staff local justice forums; cooperation is low between traditional justice mechanisms and the criminal and social justice mechanisms the state is meant to provide; and competition from purportedly more effective `twilight institutions', like vigilante associations, is rife. Further contradictions are presented by profoundly gendered social relations premised on delicate social trust that is closely monitored by one's community and enforced through self-help measures like witchcraft accusations in a context in which violence is, culturally and practically, a highly plausible strategy for dispute management.ã These contextual considerations compel us to ask what justice we can reasonably speak of access to in such an insecure context and what solutions are viable under such volatile human conditions? The book concludes with a vision for access to justice in rural South Africa that takes seriously ordinary people's circumstances and traditional authorities' lived experiences as documented in this detailed study. The author proposes a cooperative governance model that would maximise the resources and capacity of both traditional and state justice apparatus for delivering the legal and social justice - namely, peace and protection from violence as well as mitigation of poverty and destitution - that rural people genuinely need.
(source: Nielsen Book Data)9781138060777 20180326
Green Library
Book
ix, 231 pages ; 24 cm.
  • Acknowledgments List of Abbreviations Introduction: Literature in Law Part I: Legal Groundwork, 1910-55 Chapter One: Preparing the Ground for Autonomization Part II: Hesitant Legal Recognition, 1955-75 Chapter Two: The 1965 Trials: Wilbur Smith's When the Lion Feeds andCan Themba's "The Fugitives" Chapter Three: The 1974 Trial of Andre Brink's Kennis van die Aand Part III: Despite Rollback Efforts, Ongoing Recognition, 1975-80 Chapter Four: The 1978 Case of Etienne Leroux's Magersfontein, O Magersfontein! Part IV: Decisive Legal Recognition, 1980-2010 Chapter Five: (The Road to) Constitutional Autonomy Chapter Six: Conclusion Works Cited Index.
  • (source: Nielsen Book Data)9781683930150 20180226
In 1994, artistic freedom pertaining inter alia to literature was enshrined in the South African Constitution. Clearly, the establishment of this right was long overdue compared to other nations within the Commonwealth. Indeed, the legal framework and practices regarding the regulation of literature that were introduced following the nation's transition to a non-racial democracy seemed to form a decisive turning point in the history of South African censorship of literature. This study employs a historical sociological point of view to describe how the nation's emerging literary field helped pave the way for the constitutional entrenchment of this right in 1994. On the basis of institutional and poetological analyses of all the legal trials concerning literature that were held in South Africa during the period 1910-2010, it describes how the battles fought in and around the courts between literary, judicial and executive elites eventually led to a constitutional exceptio artis for literature. As the South African judiciary displayed an ongoing orientation towards both English and American law in this period, the analyses are firmly placed in the context of developments occurring concurrently in these two legal systems.
(source: Nielsen Book Data)9781683930150 20180226
Green Library
Book
ix, 231 pages ; 24 cm.
  • Introduction: Literature in law
  • Preparing the ground for autonomization
  • The 1965 trials : Wilbur Smith's When the lion feeds and Can Themba's "The fugitives"
  • The 1974 trial of André Brink's Kennis van die aand
  • The 1978 case of Etienne Leroux's Magersfontein, o magersfontein!
  • (The road to) constitutional autonomy
  • Conclusion: Long walk to artistic freedom.
In 1994, artistic freedom pertaining inter alia to literature was enshrined in the South African Constitution. Clearly, the establishment of this right was long overdue compared to other nations within the Commonwealth. Indeed, the legal framework and practices regarding the regulation of literature that were introduced following the nation's transition to a non-racial democracy seemed to form a decisive turning point in the history of South African censorship of literature. This study employs a historical sociological point of view to describe how the nation's emerging literary field helped pave the way for the constitutional entrenchment of this right in 1994. On the basis of institutional and poetological analyses of all the legal trials concerning literature that were held in South Africa during the period 1910-2010, it describes how the battles fought in and around the courts between literary, judicial and executive elites eventually led to a constitutional exceptio artis for literature. As the South African judiciary displayed an ongoing orientation towards both English and American law in this period, the analyses are firmly placed in the context of developments occurring concurrently in these two legal systems.
(source: Nielsen Book Data)9781683930150 20180226
Law Library (Crown)
Book
3, 56 pages ; 30 cm.
SAL3 (off-campus storage)
Book
400 pages : illustrations ; 24 cm
  • The Constitution and the right to a basic education
  • Funding basic education
  • School governance
  • Equality and unfair discrimination in education
  • The right to basic education for children with disabilities
  • The rights of refugees and migrant workers
  • School fees
  • Pregnancy
  • Sexual orientation and gender identity in schools
  • Religion and culture in public education in South Africa
  • Language in schools
  • Basic education provisioning
  • Infrastructure and equipment
  • Post provisioning
  • Textbooks
  • Scholar transport
  • School violence
  • Sexual violence in schools
  • Corporal punishment
  • Education rights in independent schools
  • Taking rights forward: Mobilisation, organisation and public participation.
SAL3 (off-campus storage)
Book
183 pages ; 26 cm
  • Introduction
  • Historical background
  • The game
  • Roles and factions
  • Core texts and supplemental readings.
This game situates students in the Multiparty Negotiating Process taking place at the World Trade Center in Kempton Park in 1993. South Africa is facing tremendous social anxiety and violence. The object of the talks, and of the game, is to reach consensus for a constitution that will guide a post-apartheid South Africa. The country has immense racial diversity--white, black, Colored, Indian. For the negotiations, however, race turns out to be less critical than cultural, economic, and political diversity. Students are challenged to understand a complex landscape and to navigate a surprising web of alliances. The game focuses on the problem of transitioning a society conditioned to profound inequalities and harsh political repression into a more democratic, egalitarian system. Students will ponder carefully the meaning of democracy as a concept and may find that justice and equality are not always comfortable partners with liberty. While for the majority of South Africans, universal suffrage was a symbol of new democratic beginnings, it seemed to threaten the lives, families, and livelihoods of minorities and parties outside the African National Congress coalition. These deep tensions in the nature of democracy pose important questions about the character of justice and the best mechanisms for reaching national decisions.
(source: Nielsen Book Data)9781469633169 20170807
Law Library (Crown)
Book
xvi, 244 pages ; 23 cm
  • Chapter One: South African citizenship before apartheid-- Chapter Two: Pre-Union schemes to control mobility-- Chapter Three: Borders before Union-- Chapter Four: Union, the Act, and the Registrar of Asiatics, 1907-1914-- Chapter Five: A nationalised bureaucracy, 1908-1927-- Chapter Six: African mobility and bureaucracy -- Chapter Seven: The Commissioner's population, 1927-1937-- Chapter Eight: Officially one South Africa-- Chapter Nine: Putting nationality into statutes, 1927-1937-- Chapter Ten: Ways forward.
  • (source: Nielsen Book Data)9781775822097 20180319
South Africa has witnessed horrific xenophobic attacks on its foreign citizens. There are many explanations for why the violence occurs, one of which relates to ideas about lawful citizenship and legal residence. This book explains the making of South African citizenship. It traces and provides the history of the mobility-related laws for the constituent South African populations in the early 1900s: European, Indian (Asian) and African. Control over human mobility, while always understood to be crucial to apartheid through the pass laws, was equally - if not more - significant in the formation of South African citizenship. Specifically, the author argues that the regulation and administration of the Asian population was the direct predecessor of the current Department of Home Affairs and provided the key platform for the elaboration and consolidation of the official vision of a unified (albeit structurally unequal) South African population. This study goes beyond standard and competing accounts of white or black nationalism in South Africa: it intriguingly and uniquely argues that the legal culture of South African citizenship has its origins in the Asian population and its encounters with the emerging South African state.
(source: Nielsen Book Data)9781775822097 20180319
SAL3 (off-campus storage)
Book
xxii, 209 pages ; 24 cm.
  • Introduction: Peoples, plants, and patents in South Africa
  • Colonial science and hoodia as a scientific object
  • San demands for benefits by knowing !khoba as a plant from nature
  • South African scientists and the patenting of hoodia as a molecule
  • Botanical drug discovery of hoodia, from solid drug to liquid food
  • Hoodia growers and the making of hoodia as a cultivated plant
  • Epilogue: Implications of a feminist decolonial technoscience.
Native to the Kalahari Desert, Hoodia gordonii is a succulent plant known by generations of Indigenous San peoples to have a variety of uses: to reduce hunger, increase energy, and ease breastfeeding. In the global North, it is known as a natural appetite suppressant, a former star of the booming diet industry. In Reinventing Hoodia, Laura Foster explores how the plant was reinvented through patent ownership, pharmaceutical research, the self-determination efforts of Indigenous San peoples, contractual benefit sharing, commercial development as an herbal supplement, and bioprospecting legislation.Using a feminist decolonial technoscience approach, Foster argues that although patent law is inherently racialized, gendered, and Western, it offered opportunities for Indigenous San peoples, South African scientists, and Hoodia growers to make unequal claims for belonging within the shifting politics of South Africa. This radical interdisciplinary and intersectional account of the multiple materialities of Hoodia illuminates the co-constituted connections between law, science, and the marketplace, while demonstrating how these domains value certain forms of knowledge and matter differently.
(source: Nielsen Book Data)9780295742182 20171204
Law Library (Crown)
Book
vi, 244 pages ; 24 cm.
  • 1. Johannesburg as a Site for Rights 2. Inhabiting Joburg: Struggles for Housing and Access to the City 3. Struggles over Essential Services 4. Marginal Struggles: Equality, Public Presence and Livelihood 5. Privileged Struggles: Property, Lifestyle, Business and Safety 6. Struggles over Autonomy, Equality and Identity: Sex, Gender and Sexuality 7. The Right to Joburg?
  • (source: Nielsen Book Data)9781138059283 20180115
Rights-based Litigation, Urban Governance and Social Justice in South Africa considers the overlap between legal and everyday struggles for social and spatial justice in the particular context of Johannesburg, South Africa. Drawing from literature across disciplines of law, urban geography and urban planning, as well as from reported case-law concerning the invocation of constitutional rights in Johannesburg and other South African cities, the book critically examines whether, and to what extent, the invocation of legal rights before South African courts have contributed to the advancement of social justice in the city. It considers the impact of the legal assertion of different constituent aspects of the so-called "right to the city" on the many people simultaneously performing the right, the governance structures responsible for enabling and facilitating its enjoyment and, thirdly, the physical place in which it is performed. Drawing broad conclusions on the utility of rights-based litigation for the achievement of social change and spatial justice, this book will be of interest to students and scholars of South Africa, constitutional law, human rights law, regulatory law, sociology of rights, studies of law and society, urban studies, urban geography, governance studies, and development studies.
(source: Nielsen Book Data)9781138059283 20180115
Green Library
Book
212 pages : illustrations ; 24 cm
  • General introduction
  • Form of the South African state
  • Overview of national constitution and structure
  • Relationship between national and sub-national units
  • Judicial authority in South Africa
  • National rules
  • The Western Cape Constitution
  • Citizenship and aliens
  • Fundamental rights and liberties
  • Protection of cultural, religious, and linguistic communities.
"[This book provides] information on the country's sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. [Coverage] describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state."-- Back cover.
Law Library (Crown)
Book
xxv, 256 pages ; 25 cm
  • Introduction to supervision of local government-- The status of local government in South Africa-- Historical background-- Local government under the 1996 Constitution-- Status of local government: Comparative overview-- Monitoring of local government-- Monitoring of local government by provincial government-- Monitoring of local government by the national government-- The power to monitor local government is ancillary to the duty to support local government-- Monitoring of public institutions by state institutions supporting democracy-- Monitoring of local government: Comparative overview-- Intervention in local government-- National government intervention in provincial government-- National government intervention in local government-- Provincial government intervention in local government-- Dissolution of a municipal council-- Intervention in local government: Comparative overview-- The practice of supervision of local government in South Africa-- General trends in the supervision of local government-- Supervision of specific municipalities-- Challenges facing the supervision of local government-- Lack of dispute-settling mechanisms in the supervision of local government-- Challenges of the delay in adopting the IRFA-- The impact of party politics on the supervision of local government-- The status and role of organised local government bodies in the national council of provinces-- The lack of community consultation in intervention-- Conclusion-- Index.
  • (source: Nielsen Book Data)9781485120131 20180319
Supervision of Local Government discusses the role of national and provincial governments in supervising the functions of local government. The book analyses the legal status of local government, which is entrenched and protected by the Constitution, and examines the powers of the national and provincial governments to supervise local government. Supervision of Local Government explores international practices in the supervision of local government and investigates general trends in the supervision of selected municipalities in South Africa. Shortcomings, inconsistencies and irregularities in the supervision of local government are identified. The book discusses the concept of `supervision' as it relates to local government in its broad sense, which includes monitoring, intervening in and supporting local government. Supervision of Local Government also explores the manifestation of the principles of cooperative government and subsidiarity in the supervision of local government by national and provincial governments. Cooperative government requires that the other spheres of government intervene in local government to assist municipalities in managing their own affairs, while the principle of subsidiarity requires that services should be rendered at the lowest possible level of government. Thus, the national and provincial spheres have a duty to support the local sphere of government in fulfilling this duty and this duty is analysed in the book.
(source: Nielsen Book Data)9781485120131 20180319
SAL3 (off-campus storage)
Book
xvii, 443 pages : illustrations, maps ; 23 cm
  • Chapter 1: Introduction: Tenure practice, concepts and theories in South Africa /Donna Hornby, Lauren Royston, Roasalie Kingwill and Ben Cousins
  • Chapter 2: The policy context: Land tenure laws and policies in post-apartheid in South Africa / Rosalie Kingwill, Lauren Royston, Ben Cousins and Donna Hornby
  • Chapter 3: Becoming visible on the grid: attempts to secure tenure at Ekuthuleni / Donna Hornby
  • Chatre 4: The 'Living customary law of land'in Msinga, KwaZulu-Natal / Ben Cousins
  • Chapter 5: Land tenure and the governance of Wetland in complex transforming enviroment: lessons for exploring legal pluralism and Craigieburn / Tessa Cousins and Sharon Pollard
  • Chapter 6: 'Entanglement ': a case study of changing tenure and social relations in Inner-City buildings in Johannesburg / Lauren Royston
  • Chapter 7: Square pegs in round holes: the competing faces of land title / Rosalie Kingwill --Chapter 8: Beyond ownership? Local land registration practices and their potential for imprroving tenure security in informal settlement upgrading / Margot Rubin and Lauren Royston
  • Chapter 9: Leaping the fissures: bridging the gap between paper and real practice in land reform in South africa / Tessa Cousins and Donna Hornby
  • Chapter 10: Recognising tenure and settlement rights of the poor: the city of Johannesburg's programme to regularise informal settlement /Gemey Abrahams
  • Chapter 11; Conclusion: beyonf the 'Edifice' /Rosalie Kingwell, Donna Hornby, Lauren Royston and Ben Cousins.
A title deed = tenure security. Or does it? This book challenges this simple equation and its apparently self-evident assumptions. It argues that two very different property paradigms characterise South Africa. The first is the dominant paradigm of private property, referred to as an `edifice', against which all other property regimes are measured and ranked. However, the majority of South Africans gain access to land and housing through very different processes, which this book calls social or off-register tenures. These tenures are poorly understood, a gap Untitled aims to address. The book reveals that `informal' and customary property systems can be well organised, often providing substantial tenure security, but lack official recognition and support. This makes them difficult to service and vulnerable to elite capture. Policy interventions usually aim to formalise these arrangements by issuing title deeds. The case studies in this book, which span both rural and urban contexts in South Africa, examine these interventions and the unintended consequences they often give rise to. Interventions based on an understanding of locally embedded property relations are more likely to succeed than those that attempt to transform them into registered tenures. However, emerging practices hit intractable obstacles associated with the `edifice', which only a substantial transformation of the legal paradigms can overcome.
(source: Nielsen Book Data)9781869143503 20180326
SAL3 (off-campus storage)
Book
xv, 266 pages ; 30 cm
  • Negotiation
  • Introduction to mediation
  • Voluntary mediation
  • Statutory mediation
  • Conciliation in terms of the Labour Relations Act
  • Introduction to arbitration
  • The Arbitration Act
  • Arbitration in terms of the Labour Relations Act
  • Ombudsmen
  • Administrative-dispute resolution.
"[This book] addresses the increasing use of alternative dispute resolution mechanisms in resolving disputes rather than resorting to court-based litigation. The focus of the book is on the resolution of commercial and labour disputes. [The author] covers negotiation, mediation, arbitration, ombudsmen and administrative dispute resolution. The skills, techniques and relevant statutory framework for each field of alternative dispute resolution are discussed, and local and international examples of the application of the relevant principles are provided."-- Back cover.
Law Library (Crown)
Book
xxi, 392 pages ; 24 cm.
  • Taking reality (legally) seriously
  • Voting rights, politics, and trust
  • The role of the court : standard conceptions
  • The role of the court : constitution-building
  • LGBTI equality
  • Democracy
  • Socio-economic rights
  • Equality, eviction and engagement.
This revisionary perspective on South Africa's celebrated Constitutional Court draws on historical and empirical sources alongside conventional legal analysis to show how support from the African National Congress government and other political actors has underpinned the Court's landmark cases, which are often applauded too narrowly as merely judicial achievements. Standard accounts see the Court as overseer of a negotiated constitutional compromise and as the looked-to guardian of that constitution against the rising threat of the ANC. However, in reality South African successes have been built on broader and more admirable constitutional politics to a degree no previous account has described or acknowledged. The Court has responded to this context with a substantially consistent but widely misunderstood pattern of deference and intervention. Although a work in progress, this institutional self-understanding represents a powerful effort by an emerging court, as one constitutionally serious actor among others, to build a constitution.
(source: Nielsen Book Data)9781107124097 20170306
Law Library (Crown)
Book
xxi, 392 pages ; 24 cm.
  • 1. Introduction-- 2. Taking reality (legally) seriously-- 3. Voting rights, politics, and trust-- 4. The role of the Court: standard conceptions-- 5. The role of the Court: constitution-building-- 6. LGBTI equality-- 7. Democracy-- 8. Socio-economic rights-- 9. Equality, eviction and engagement.
  • (source: Nielsen Book Data)9781107124097 20170213
This revisionary perspective on South Africa's celebrated Constitutional Court draws on historical and empirical sources alongside conventional legal analysis to show how support from the African National Congress government and other political actors has underpinned the Court's landmark cases, which are often applauded too narrowly as merely judicial achievements. Standard accounts see the Court as overseer of a negotiated constitutional compromise and as the looked-to guardian of that constitution against the rising threat of the ANC. However, in reality South African successes have been built on broader and more admirable constitutional politics to a degree no previous account has described or acknowledged. The Court has responded to this context with a substantially consistent but widely misunderstood pattern of deference and intervention. Although a work in progress, this institutional self-understanding represents a powerful effort by an emerging court, as one constitutionally serious actor among others, to build a constitution.
(source: Nielsen Book Data)9781107124097 20170213
Green Library
Book
1 volume (loose-leaf) : illustrations ; 26 cm
Law Library (Crown)
Book
xiv, 697 pages ; 25 cm
  • Basis of contractual liability
  • Offer and acceptance
  • Consensus obtained by improper means
  • Formalities
  • Possibility of performance
  • Legality
  • Certainty
  • Contents and operation of a contract
  • Breach of contract
  • Remedies for breach of contract
  • Cession
  • Termination of obligations.
"[This book] examines the concepts, principles and rules relating to contracts, and considers the jurisprudential, constitutional and social context in which contract law operates...The book explores the theoretical basis and structure of the South African law of contract and discusses the role played by the courts – including discussions of the latest court decisions – in the interpretation and application of these rules and principles. Where the law is not settled divergent opinions are considered and solutions offered, sometimes also with reference to foreign jurisdictions. This fifth edition...highlights the importance of the Consumer Protection Act in relation to the construction and conclusion of contracts, while close attention is also paid to the influence of constitutional jurisprudence and the principle of good faith in the formation of binding legal agreements. While the basic approach of the work has been retained, it has been substantially refined and reworked in many chapters."-- Back cover.
Law Library (Crown)
Book
2 volumes ; 24 cm.
  • Part one. The legal and regulatory framework for the electricity supply industry : the power crisis in South Africa
  • causes, consequences and solutions.
"The South African power sector has changed over the past few years. This edition of the working paper (part one) provides an overview of the most important changes that took place up until August 2015. The following two aspects stand out: the successful introduction of renewable energy to South Africa's energy mix through the Renewable Energy Independent Power Producer Procurement Program (REIPPPP) and the severe power crisis which has been dramatically exacerbated since the end of 2014. Part one of the working paper analyzes the measures that the South African government has taken in order to cope with the power crisis and proposes further measures to overcome it. The IPP procurement program has been launched in 2011, and this is now the first step in the development of renewable energies. The legal and regulatory framework for the oil and gas sectors in South Africa is covered in a separate publication: Energy Law in South Africa, part two."-- Back cover.
Law Library (Crown)
Book
xi, 381 pages ; 23 cm.
  • 1. Introduction-- Part I. Justiciability and the First Wave: 2. The justiciability debate and the new constitution-- 3. The first wave cases-- 4. A 'curious divergence'-- Part II. Procedure and the Second Wave: 5. The second-wave cases-- 6. Evictions and education-- 7. Patterns and possibilities in the second wave-- Part III. Procedure's Potential: 8. The eviction model-- 9. Democratic engagement-- 10. Conclusion: real rights.
  • (source: Nielsen Book Data)9781107029453 20160704
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.
(source: Nielsen Book Data)9781107029453 20160704
Green Library
Book
xi, 381 pages ; 24 cm.
  • 1. Introduction-- Part I. Justiciability and the First Wave: 2. The justiciability debate and the new constitution-- 3. The first wave cases-- 4. A 'curious divergence'-- Part II. Procedure and the Second Wave: 5. The second-wave cases-- 6. Evictions and education-- 7. Patterns and possibilities in the second wave-- Part III. Procedure's Potential: 8. The eviction model-- 9. Democratic engagement-- 10. Conclusion: real rights.
  • (source: Nielsen Book Data)9781107029453 20160704
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.
(source: Nielsen Book Data)9781107029453 20160704
Law Library (Crown)