Courts And Social Transformation in New Democracies: An by Roberto Gargarella, Theunis Roux, Pilar Domingo PDF

By Roberto Gargarella, Theunis Roux, Pilar Domingo

Utilizing case reports drawn from Latin the US, Africa, India and jap Europe, this quantity examines the position of courts as a channel for social transformation for excluded sectors of society in modern democracies. With a spotlight on social rights litigation in post-authoritarian regimes or within the context of fragile kingdom keep an eye on, the authors verify the position of judicial techniques in changing (or perpetuating) social and fiscal inequalities and gear kin in society. Drawing on interdisciplinary services within the fields of legislation, political concept, and political technology, the chapters tackle theoretical debates and current empirical case reviews to envision fresh tendencies in social rights litigation.

Show description

Read or Download Courts And Social Transformation in New Democracies: An Institutional Voice for the Poor? PDF

Similar human rights books

New PDF release: Political Violence and the International Community:

Are civil conflicts and coups d'etat issues of overseas challenge, or questions of nationwide curiosity merely? How can the more and more universal perform of condemnation and intervention by way of the United countries and person States into occasions of utmost political violence be understood? Will civil clash in the future be thought of unlawful below foreign legislation, within the comparable manner as overseas warfare?

New PDF release: The Future of Human Rights Impact Assessments of Trade

In an age of globalization, loose alternate might be synonymous with prosperity for all. but too usually, small farmers, indigenous peoples, individuals with HIV, and others are disregarded of the image. This booklet proposes a brand new method to make unfastened exchange paintings for every person. It examines how exchange pacts can gain humans, yet may also threaten their uncomplicated human rights to entry meals, medications, and schooling, or to guard their cultural history.

Read e-book online Enforcing International Cultural Heritage Law PDF

The assumption of cultural background as an 'international public strong' may be traced again to the Preamble of the 1954 Hague conference for the security of Cultural estate within the occasion of Armed clash, in keeping with which "damage to cultural estate belonging to any humans whatever ability harm to the cultural history of all mankind".

Rightlessness : testimony and redress in U.S. prison camps by A. Naomi Paik PDF

During this daring publication, A. Naomi Paik grapples with the heritage of U. S. legal camps that experience constrained humans outdoors the bounds of felony and civil rights. faraway from the social and political groups that may warrantly primary criminal protections, those detainees are successfully rightless, stripped of the suitable even to have rights.

Additional info for Courts And Social Transformation in New Democracies: An Institutional Voice for the Poor?

Example text

The concept of minority can be categorised as a contested concept, and the identification of the type of groups it refers to is fundamentally linked to the normative discussion over the need to protect certain communities. Therefore, both issues should be tackled together. In fact, the considerable scholarly efforts directed at clarifying the meaning of “minority” are not entirely disentangled from the normative debate, since they tend to presuppose a particular concept of group rights, if only implicitly.

However, as the next chapter argues, both categories of rights need not be seen as conflicting in this way. Note, in addition, that this dispute is not merely academic, since the alleged incompatibility between individual and group rights has some central implications for our social and political life. Fundamentally, it would make it impossible to argue coherently that the foundations of a society should be grounded on both categories of rights. Analogously to the extreme pictures prevalent in the liberalism vs.

See Halliday (1995, p. 156). For a 18 55 GROUP RIGHTS AS HUMAN RIGHTS critique of this view of human groups and cultures with fixed boundaries as based on faulty epistemological premises and a reductionist sociology of culture, see Benhabib (2002, pp. 3–5). For further objections to the invocation of the word “culture” in order to speak of us “the West” and the others “the East,” see Appiah (2005, p. 254). That is why, despite the topical character of this debate, it is difficult to find references to this expression in philosophical encyclopedias or in the theories of rights articulated by philosophers.

Download PDF sample

Rated 4.78 of 5 – based on 39 votes