Social Rights Judgments and the Politics of Compliance: Making it Stick

Cambridge University Press, 3/2/2017
EAN 9781107160217, ISBN10: 1107160219

Hardcover, 494 pages, 22.9 x 15.2 x 3 cm
Language: English

The past few decades have witnessed an explosion of judgments on social rights around the world. However, we know little about whether these rulings have been implemented. Social Rights Judgments and the Politics of Compliance is the first book to engage in a comparative study of compliance of social rights judgments as well as their broader effects. Covering fourteen different domestic and international jurisdictions, and drawing on multiple disciplines, it finds significant variance in outcomes and reveals both spectacular successes and failures in making social rights a reality on the ground. This variance is strikingly similar to that found in previous studies on civil rights, and the key explanatory factors lie in the political calculus of defendants and the remedial framework. The book also discusses which strategies have enhanced implementation, and focuses on judicial reflexivity, alliance building and social mobilisation.

Part I. Overview
1. Introduction
from jurisprudence to compliance Malcolm Langford, César Rodríguez-Garavito and Julieta Rossi
2. Explaining compliance
lessons learnt from civil and political rights Başak Çalı and Anne Koch
3. Beyond enforcement
assessing and enhancing judicial impact César Rodríguez-Garavito
Part II. Case Studies
4. Costa Rica
understanding variations in compliance Bruce M. Wilson and Olman A. Rodríguez L.
5. Argentina
implementation of collective cases Martín Sigal, Julieta Rossi and Diego Morales
6. Brazil
are collective suits harder to enforce? Octavio Luiz Motta Ferraz
7. Canada
systemic claims and remedial diversity Bruce Porter
8. United States
education rights and the parameters of the possible Amanda Shanor and Cathy Albisa
9. India
compliance with orders on the right to food Poorvi Chitalkar and Varun Gauri
10. South Africa
rethinking enforcement narratives Malcolm Langford and Steve Kahanovitz
11. The African human rights system and domestic enforcement Frans Viljoen
12. Reproductive rights litigation
from recognition to transformation Luisa Cabal and Suzannah Phillips
13. International housing rights and domestic prejudice
the case of Roma and Travellers Andi Dobrushi and Theodoros Alexandridis
Part III. Concluding Perspectives
14. Solving the problem of (non)compliance in SE rights litigation Daniel M. Brinks.