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Social Rights Judgments and the Politics of Compliance: Making it Stick

Social Rights Judgments and the Politics of Compliance: Making it Stick

Author: Malcolm Langford; Cesar Rodriguez-Garavito; Julieta Rossi
Publisher: Cambridge University Press
ISBN: 9781316613313
Published In: May 2018
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

Part I. Overview:

1. Introduction: from jurisprudence to compliance Malcolm Langford, Cesar Rodriguez-Garavito and Julieta Rossi

2. Explaining compliance: lessons learnt from civil and political rights Basak Cali and Anne Koch

3. Beyond enforcement: assessing and enhancing judicial impact Cesar Rodriguez-Garavito

Part II. Case Studies:

4. Costa Rica: understanding variations in compliance Bruce M. Wilson and Olman A. Rodriguez L.

5. Argentina: implementation of collective cases Martin Sigal, Julieta Rossi and Diego Morales

6. Brazil: are collective suits harder to enforce? Octavio Luiz Motta Ferraz

7. Canada: systemic claims and remedial diversity Bruce Porter

8. United States: education rights and the parameters of the possible Amanda Shanor and Cathy Albisa

9. India: compliance with orders on the right to food Poorvi Chitalkar and Varun Gauri

10. South Africa: rethinking enforcement narratives Malcolm Langford and Steve Kahanovitz

11. The African human rights system and domestic enforcement Frans Viljoen

12. Reproductive rights litigation: from recognition to transformation Luisa Cabal and Suzannah Phillips

13. International housing rights and domestic prejudice: the case of Roma and Travellers Andi Dobrushi and Theodoros Alexandridis

Part III. Concluding Perspectives:

14. Solving the problem of (non)compliance in SE rights litigation Daniel M. Brinks.

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