Administrative / Constitutional Law Law Wills / Trusts / Wealth Management

Trust, Courts and Social Rights: A Trust-Based Framework for Social Rights Enforcement

By David Vitale
Cambridge University Press February 2024

Specifications

ISBN-13
9781009098557
Publisher
Cambridge University Press
Publication
February 2024
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

Trust, Courts and Social Rights proposes an innovative legal framework for judicially enforcing social rights that is rooted in public trust in government or 'political trust'. Interdisciplinary in nature, the book draws on theoretical and empirical scholarship on the concept of trust across the social sciences, including philosophy, sociology, psychology and political theory. It integrates that scholarship with the relevant public law literature, including on social rights, fiduciary political theory and judicial review. In doing so, the book uses trust as an analytical lens for social rights law – importing ideas from the scholarship on trust into the social rights literature – and develops a normative argument that contributes to the controversial debate on how courts should enforce social rights. Also global in focus, the book uses cases from courts in Africa, Europe, Latin America and North America to illustrate how the trust-based framework operates in practice.

  • Examines social rights law from the new perspective of public trust in government or 'political trust'
  • Integrates primary and secondary literature on social rights with scholarship on trust across a range of social sciences, including philosophy, sociology, psychology and political theory
  • Proposes an innovative legal framework for judicially enforcing social rights that is rooted in public trust in government or 'political trust'

Table of Contents

1. Introduction
2. Conceptualising trust in the social rights context
3. The citizen-government relationship in a network of trust relationships
4. A trust-based framework for enforcing social rights?
5. The expectation of goodwill
6. The expectation of competence
7. The expectation of fiduciary responsibility
8. Conclusion
Bibliography
Index
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