This book explores the convergence of law and public policy. Drawing on case studies from Asia, Europe, the Middle East and Australia, it examines how judicial and political institutions are closely linked to the socio-economic concerns of the citizens. The essays argue for the utilization of both legislative and executive, private and public spheres of society as vehicles for transformative social change and to safeguard against violations of socio-economic rights.
The volume will be of great interest to both public and private stakeholders, as well as professionals, including NGOs and think tanks, working in the areas of law, government, and public policy. It will also be immensely useful to academics and researchers of constitutionalism, policymaking and policy integration, social justice and minority rights.
Table of Contents
Preface. 1. Why is law central to policy processes in Global South? Babu Mathew, Sony Pellissery and Arvind Narrain 2. The rise of an anti- global doctrine and strikes in public services Lilach Litor 3. Scrutiny of Sovereign Border Policy for ‘Operational Matters’: A New Political Role for an Old Legal Dichotomy in Australia? Suzanne Bevacqua and John Bevacqua 4. Sovereign Debt Restructuring: Locating Indian Law and Jurisprudence in the Contemporary International Legal Order Ansari Salamah 5. The Legal and Policy Questions in Foreign Direct Investment: An Assessment using Indian Case Priya Misra and Praveen Tripathi 6. Politics of Making and Unmaking of the Indian Planning Commission: Destiny of non-statutory institutions Sony Pellissery, S. Sharada and Anusha Chaitanya 7. Constitutional Promise vs Practices of Participation and Representation of Minorities in South Asia Mushtaq Malla 8. Growing up in families with low income – the state’s legal obligation to recognize the child’s right to adequate standard of living Julia Köhler-Olsen 9. Implementers of law or policymakers too? A study of street-level bureaucracy in India Amrutha Jose Pampackal 10. Production of space in Urban India: Legal and Policy challenges of land assembly Varun Panickar 11. Rawls, Nozick and Dworkin in an Indian village: Land alienation and multiple versions of distributive justice Naivedya Parakkal, Sony Pellissery and Rajesh Sampath 12. Concluding Reflections: Transformative Constitutionalism as a framework for law and policy integration in the global south Avinash Govindjee. Index.
Sony Pellissery is Executive Director of the Institute of Public Policy, National Law School of India University, Bangalore.
Babu Mathew is Chairperson of the Institute of Public Policy, National Law School of India University, Bangalore.
Avinash Govindjee is the Executive Dean of the Faculty of Law at Nelson Mandela University in Port Elizabeth, South Africa.
Arvind Narrain is a human rights lawyer based in Bangalore, India, and an Honorary Professor of Practice at the National Law School of India University.
‘Ranging from the local to the global, the contributions collected in this remarkable volume make a persuasive case for the alignment of public policy and law demonstrating that the notions of justice underpinning them are not revealed but constructed.’
—Armando Barrientos, Professor Emeritus of Poverty and Social Justice, Global Development Institute, University of Manchester, U.K.
‘Grounded in empirical research and rooted in theories of social justice, Transformative Law and Public Policy explores the shifting intersections between law and public policy in the developing world. Its detailed case studies and reflective essays provide an engaging view of how those two realms can come together to address poverty and build more inclusive societies.’
—Joan Dassin, Professor, Heller School for Social Policy and Management, Brandeis University
‘The weaving together of different public policy areas and the application of the law offers a deeper understanding of the realities on the ground that resonates with many countries in the Global South. The book is a great resource not only for academia but public policy architects and implementers as well.’
—Grace Bantebya-Kyomuhendo, Professor, Makerere University
‘Critically important book to social scientists and legal scholars interested in current debates about international public policy and law. It contains up to date information and discerning commentaries that will be of value to scholars everywhere. It deserves to be widely read.’
—James Midgley, Professor of the Graduate School, University of California, Berkeley