Judging Social Rights

Author: Jeff King
Publisher: Cambridge University Press
ISBN: 9781107400320
Published In: May 2012
Format: Paperback , 398 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Countries that now contemplate constitutional reform often grapple with the question of whether to constitutionalise social rights. This book presents an argument for why, under the right conditions, doing so can be a good way to advance social justice. In making such a case, the author considers the nature of the social minimum, the role of courts among other institutions, the empirical record of judicial impact, and the role of constitutional text. He argues, however, that when enforcing such rights, judges ought to adopt a theory of judicial restraint structured around four principles: democratic legitimacy, polycentricity, expertise and flexibility. These four principles, when taken collectively, commend an incrementalist approach to adjudication. The book combines theoretical, doctrinal, empirical and comparative analysis, and is written to be accessible to lawyers, social scientists, political theorists and human rights advocates.

• Provides a clear and accessible account of constitutional social rights

• Accommodates the objections that courts lack the legitimacy and expertise for enforcing social rights

• Ranges broadly over comparative doctrinal analysis of judicial decisions and constitutional provisions, empirical legal studies, administrative justice, and legal and political theory

Detailed table of contents	vii
Acknowledgments	xiii
Table of cases	xvi
Table of legislation	xxiv
1 Introduction: aims and methods	1
Part I The case for constitutional social rights	15
2 The case for social rights	17
3 The value of courts in light of the alternatives	59
4 A basic interpretive approach	97
Part II A theory of judicial restraint	119
5 Institutional approaches to judicial restraint	121
6 Democratic legitimacy	152
7 Polycentricity	189
8 Expertise	211
9 Flexibility	250
Part III Incrementalism	287
10 Incrementalism as a general theme	289
Appendix 1: The scope of economic and social rights under international law	326
Bibliography	328
Index	356