Courts and Social Transformation in New Democracies: An Institutional Voice for the Poor?Roberto Gargarella, Pilar Domingo, Theunis Roux Ashgate Publishing, Ltd., 2006 - 311 strani Using case studies drawn from Latin America, Africa, India and Eastern Europe, this volume examines the role of courts as a channel for social transformation for excluded sectors of society in contemporary democracies. With a focus on social rights litigation in post-authoritarian regimes or in the context of fragile state control, the authors assess the role of judicial processes in altering (or perpetuating) social and economic inequalities and power relations in society. Drawing on interdisciplinary expertise in the fields of law, political theory, and political science, the chapters address theoretical debates and present empirical case studies to examine recent trends in social rights litigation. |
Vsebina
Theories of Democracy the Judiciary and Social Rights 113 | 13 |
An Analytical Framework | 35 |
The Record of the South African Constitutional Court in Providing | 107 |
Courts and Social Transformation in India | 153 |
Perspectives from Latin America | 169 |
A Case Study Revisited | 185 |
What Can They Do for the Poor? | 213 |
Weak Courts Rights and Legal Mobilisation in Bolivia | 233 |
Concluding Reflections | 255 |
283 | |
301 | |
Druge izdaje - Prikaži vse
Pogosti izrazi in povedi
access to justice Angola Argentina Bogotá Bolivia chapter civil and political class action Colombia Constitutional Court Constitutionalism context countries deliberative Deliberative Democracy democracy democratic dignity economic rights enforce social rights enforcement of social example factors favour framework fundamental rights Gargarella Gloppen's healthcare human rights impact implementation important India indigenous individual institutional issues José judges judicial activism judicial decisions judicial enforcement judiciary jurisprudence Latin America Law Review lawyers legal mobilisation legal pluralism legal system legislation Luanda marginalised groups norms Ombudsman Oxford Paulo political branches political rights poor post-communist poverty principle pro-poor procedural protection public interest litigation public prosecutor reform regarding rights-based role rule Sajó São Paulo separation of powers social and economic social movements social rights litigation social security social transformation society strategies structure Supreme Court traditional tutela University Press V.R. Krishna Iyer violations voice welfare