Economic and Social Rights Law: Incorporation, Justiciability and Principles of Adjudication, 1st Edition (Hardback) book cover

Economic and Social Rights Law

Incorporation, Justiciability and Principles of Adjudication, 1st Edition

By Katie Boyle


312 pages

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Hardback: 9781138298880
pub: 2019-11-05
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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.

Table of Contents

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

About the Author

Katie Boyle is Associate Professor in International Human Rights Law at the School of Law, University of Stirling. She has published widely on the justiciability of economic, social and cultural rights and human rights reform during periods of constitutional transition. She is a member of the First Minister’s Advisory Group on Human Rights Leadership (Scotland) and previously qualified as a lawyer with the Government Legal Service for Scotland.

About the Series

Routledge Research in Human Rights Law

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.

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Subject Categories

BISAC Subject Codes/Headings:
LAW / General
LAW / International
LAW / Judicial Power
POLITICAL SCIENCE / Political Freedom & Security / Civil Rights
POLITICAL SCIENCE / Political Freedom & Security / Human Rights