[PDF][PDF] Taking from the poor to give to the rich: Individualistic enforcement of social rights

VA Da Silva - 2011 - Citeseer
The debate on the judicial enforcement of social rights is usually dominated by two simple,
yet antagonistic and irreconcilable positions. And there is a variety of possible arguments in …

11 The scope of the judicial role in the enforcement of social and economic rights

DM Davis - Social and Economic Rights in Theory and Practice …, 2014 - books.google.com
A commitment to social and economic rights (SER) in a constitutional democracy rests on an
assumption that a society whose government and legal order must reflect the will of the …

Social rights and civil society:'Giving Force'without 'Enforcement'

N O'Brien - Journal of Social Welfare and Family Law, 2012 - Taylor & Francis
This article considers the actual and potential role of the law in giving force to social rights
entitlement. It examines the strategic approach of the Disability Rights Commission in Britain …

Social and economic rights: A critique

A Neier - Human Rights Brief, 2006 - HeinOnline
WAY OF INTRODUCTION, let me first make clear that I favor that the effort to achieve fairer
distribution has to take place through the political process. For the most part, although there …

Disagreement and the constitutionalisation of social rights

M Wesson - Human Rights Law Review, 2012 - academic.oup.com
A key reason for resistance to constitutional social rights is that in many democracies there is
reasonable disagreement about the nature and extent of the state's welfare obligations …

Realizing Constitutional Social Rights Through Judicial Protection

R Arango - 2016 - biblioteca.cejamericas.org
The central thesis of this paper is that we have not been able to argue adequately in favor of
the concept of constitutional social rights, because a concept of rights has yet to be …

A realpolitik defense of social rights

KL Scheppele - Tex. L. Rev., 2003 - HeinOnline
Social rights are controversial in general-and they are even more controversial when courts
are given power to enforce them. Even among those who believe in rights to a minimum …

Enforcing economic and social human rights

O Guariglia - Freedom from poverty as a human right: Who owes …, 2007 - books.google.com
The various international covenants and declarations on human rights include two kinds of
rights, which are usually described as 'civil and political rights, on one hand, and'economic …

Social rights: A Wide Agenda: Part II, passim; Article III-103 Draft Convention

A Sajó - European Constitutional Law Review, 2005 - cambridge.org
There is considerable flexibility in the use of the term 'social rights'. The list of such rights
varies in international documents, and it is difficult to find a common denominator or ground …

The discontent of social and economic rights

L Morales - Res Publica, 2018 - Springer
One major objection to social rights is a failure of determining which precise social and
economic claims should be granted rights status. The social rights debate has grappled with …