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 …

The reality of social rights enforcement

D Landau - Harv. Int'l LJ, 2012 - HeinOnline
Despite the lack of socio-economic rights in the US Constitution and the absence of political
will to enforce them, the vast majority of constitutions around the world now include these …

Justiciable social rights as a critique of the liberal paradigm

JM Woods - Tex. Int'l LJ, 2003 - HeinOnline
Postmodern discourse on the moral and political problems of the day-from Afghanistan to
AIDS-is shaped by the rhetoric of human rights. The discourse promotes as its core value the …

[图书][B] Debating social rights

C Gearty, V Mantouvalou - 2010 - books.google.com
'Debating Law'is a new series that gives scholarly experts the opportunity to offer contrasting
perspectives on significant topics of contemporary, general interest. In this second volume of …

Enforcement of social and economic rights

A Sachs - Am. U. Int'l L. Rev., 2006 - HeinOnline
Mrs. Grootboom had had enough. I The winter rains were approaching and she could not
bear the idea of her three children wanting to go out of the little homemade shack in which …

[图书][B] Exploring social rights: between theory and practice

D Barak-Erez, A Gross - 2007 - books.google.com
Exploring Social Rights looks into the theoretical and practical implications of social rights.
The book is organised in five parts. Part I considers theoretical aspects of social rights, and …

Socioeconomic rights and theories of justice

J Waldron - San Diego L. Rev., 2011 - HeinOnline
What is the relation between socioeconomic rights and theories of justice? By
socioeconomic rights, I mean rights of the kind we see listed in Articles 23-26 of the …

Aspirational principles or enforceable rights? The future for socio-economic rights in national law

E Wiles - Am. U. Int'l L. Rev., 2006 - HeinOnline
The issue of legal enforceability has been the primary obstacle impeding the development of
socio-economic rights since their inception in the Universal Declaration of Human Rights (" …

Social welfare rights and the forms of judicial review

M Tushnet - Tex. L. Rev., 2003 - HeinOnline
The conventional wisdom among scholars of US constitutional law is that the Constitution-
and indeed constitutions more generally-should not recognize, or be interpreted to …

On the Obligation of the State to Extend a Right of Self-Defense to its Citizens

CO Finkelstein - U. Pa. L. Rev., 1998 - HeinOnline
A certain way of arguing for legal rights is common in liberal political discourse. It suggests
that the State is obligated to extend a given right to its citizens, based on their possession of …