Social Rights Judgments and the Politics of Compliance: Making it Stick
Anteprima |
Malcolm Langford, César Rodríguez-Garavito, Julieta Rossi
Cambridge University Press, 2 mar 2017
The
past few decades have witnessed an explosion of judgments on social
rights around the world. However, we know little about whether these
rulings have been implemented. Social Rights Judgments and the Politics
of Compliance is the first book to engage in a comparative study of
compliance of social rights judgments as well as their broader effects.
Covering fourteen different domestic and international jurisdictions,
and drawing on multiple disciplines, it finds significant variance in
outcomes and reveals both spectacular successes and failures in making
social rights a reality on the ground. This variance is strikingly
similar to that found in previous studies on civil rights, and the key
explanatory factors lie in the political calculus of defendants and the
remedial framework. The book also discusses which strategies have
enhanced implementation, and focuses on judicial reflexivity, alliance
building and social mobilisation.