Exploring Social Rights
Between Theory and Practice
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Exploring Social Rights by Daphne Barak-Erez
Book DescriptionExploring 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 looks into their place within political and legal theory and within the human rights tradition; Part II looks at the status of social rights in international law, with reference to the challenge of globalisation and to the significance of specific regional regulation (such as the European System); Part III includes discussions of various legal systems which are of special interest in this area (Canada, South Africa, India and Israel); Part IV looks at the content of a few central social rights (such as the right to education and the right to health); and Part V discusses the relevance of social rights to distinct social groups (women and people with disabilities). The articles in the book, while using the category of social rights, also challenge the separation of rights into distinct categories and question the division of rights to 'civil' vs 'social' rights, from a perspective which considers all rights as 'social'. This book will be of interest to anyone concerned with human rights, the legal protection of social rights and social policy. 'Social rights are the stepchildren of the human rights family. Are they really 'rights'? Can courts enforce them? And does it make any difference when they try? This remarkable collection of essays by distinguished scholars offers important new responses to all the basic questions. Ranging across disciplinary and national boundaries and brimming with both theoretical and practical insights, the book is especially welcome in this moment of mounting inequalities and growing interest in the possibilities and perils of social rights.' William E Forbath, Lloyd M Bentsen Chair in Law and Professor of History, University of Texas at Austin 'At the auspicious moment of the sixtieth anniversary of the Universal Declaration of Human Rights, and more than half a century since the beginning of the Human Rights Revolution-a time characterized by the end of the cold war, globalization and privatization, comes this important compilation which critically revisits the international commitment to social rights, and reconceives its core distinguishing principles-from crosscutting comparative, theoretical and practical perspectives-illuminating our commitment to human security.' Ruti Teitel, Ernst Stiefel Professor of Comparative Law, New York Law School. Author, 'Transitional Justice' (OUP 2002)
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Book DetailsISBN: 9781841136134
(234mm x 156mm x 32mm)
Imprint: Hart Publishing
Publisher: Bloomsbury Publishing PLC
Publish Date: 16-Nov-2007
Country of Publication: United Kingdom
Books By Author Daphne Barak-Erez
Israeli Constitutional Law in the Making, Hardback (October 2013)
This book offers a comprehensive study of Israeli constitutional law that moves from constitution-making to specific areas of contestation including state/religion relations, national security, social rights, and structural questions of judicial review.
Feminist Constitutionalism, Paperback (April 2012)
Explores the relationship between constitutional law and feminism, offering a spectrum of approaches and analysis set across a wide range of topics.
Exploring Social Rights, Paperback (September 2011)
Exploring Social Rights looks into the theoretical and practical implications of social rights.
Human Rights in Private Law, Paperback (August 2003)» View all books by Daphne Barak-Erez
This book examines the growth of human rights legislation and concepts in modern national and international law which may revolutionize private law.
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Author Biography - Daphne Barak-Erez
Daphne Barak-Erez teaches constitutional and administrative law at the Faculty of Law of Tel-Aviv University and acts as the Chair of the Israeli Society of Public Law. Aeyal Gross teaches constitutional and international law at the Faculty of Law of Tel-Aviv University and acts as a board member of the Association for Civil Rights in Israel.
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