This book develops principles of adjudication to facilitate accountability for violations of Economic and Social Rights.
Economic and Social Rights engage with areas relating to social justice and their violation tends to impact on the most vulnerable members of society. Taking the UK as a case study, the book draws on international experience and comparative practice, including progressive reform at the devolved sub-state level, that demonstrate the potential reach of Economic and Social Rights when the rights are given legal standing in domestic settings according to their status in international law. The work looks at different models of incorporation of rights into domestic law and sets out existing justiciability mechanisms for their enforcement as well as future models open to development. In so doing the book develops principles of adjudication drawn from deliberative democracy theory that help address some of the critiques of social rights adjudication.
This book will have a global and cross-sectoral appeal to legal practitioners, the judiciary, and the civil services, as well as to researchers, academics, and students in the fields of human rights law, comparative constitutional law and deliberative democracy theory.
Chapter One: Principles of ESR adjudication
Chapter Two: ESR in international law: justiciability and remedies
Chapter Three: The jurisdictional hierarchy as pillars of the UK constitution: the regional framework
Chapter Four: The Constitutional Resistance to Human Rights: The UK in a comparative context
Chapter Five: Models of ESR justiciability: existing mechanisms and future options
Chapter Six: ESR and Devolution
This series contains thought-provoking and original scholarship on human rights law. The books address civil and political rights as well as social, cultural and economic rights, and explore international, regional and domestic legal orders. The legal status, content, obligations and application of specific rights will be analysed as well as treaties, mechanisms and institutions designed to promote and protect rights.