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This book is an empirical study of contributions by courts in the Global South to comparative constitutionalism. It offers an analytical framework for understanding these constitutional innovations and illustrates them with a qualitative study of the most ambitious case in constitutional adjudication in Latin America over the last decade: the Colombian Constitutional Court's structural injunction affecting the rights of over five million internally displaced people and its implementation process. Although the ruling (known as T25) was handed down in 2004, its monitoring process continues. This book traces the case's evolution from its origin to its effects on policy, politics and public opinion. It also compares the implementation and effects of T25 with those of other rulings on the rights to health, food, housing, and prison overcrowding in Colombia, India and South Africa. The study's insights will be of interest to scholars of comparative constitutionalism in Latin America, Africa and Asia.
Book Synopsis Radical Deprivation on Trial by : César Rodríguez-Garavito
Download or read book Radical Deprivation on Trial written by César Rodríguez-Garavito and published by Cambridge University Press. This book was released on 2015-10-22 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an empirical study of contributions by courts in the Global South to comparative constitutionalism. It offers an analytical framework for understanding these constitutional innovations and illustrates them with a qualitative study of the most ambitious case in constitutional adjudication in Latin America over the last decade: the Colombian Constitutional Court's structural injunction affecting the rights of over five million internally displaced people and its implementation process. Although the ruling (known as T25) was handed down in 2004, its monitoring process continues. This book traces the case's evolution from its origin to its effects on policy, politics and public opinion. It also compares the implementation and effects of T25 with those of other rulings on the rights to health, food, housing, and prison overcrowding in Colombia, India and South Africa. The study's insights will be of interest to scholars of comparative constitutionalism in Latin America, Africa and Asia.
Book Synopsis Radical Deprivation on Trial by : César A. Rodríguez Garavito
Download or read book Radical Deprivation on Trial written by César A. Rodríguez Garavito and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
"As the climate crisis intensifies and becomes acutely visible, promising responses have been developed by scientists, advocates, and scholars around the world. Mobilizations such as #FridaysforFuture and Extinction Rebellion are converging with Indigenous peoples' movements and other social justice movements to convey the urgency and the scale needed for climate action. Reports by the Intergovernmental Panel on Climate Change, informed by developments in attribution science, establish more precise links between greenhouse gas emissions, extreme weather events, and human impacts. In the meantime, collaborations between scientists and journalists have drawn the broader public's attention to detailed information about the magnitude of planet-warming emissions associated with the activities of major fossil fuel companies"--
Book Synopsis Litigating the Climate Emergency by : César Rodríguez-Garavito
Download or read book Litigating the Climate Emergency written by César Rodríguez-Garavito and published by Cambridge University Press. This book was released on 2022-10-31 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: "As the climate crisis intensifies and becomes acutely visible, promising responses have been developed by scientists, advocates, and scholars around the world. Mobilizations such as #FridaysforFuture and Extinction Rebellion are converging with Indigenous peoples' movements and other social justice movements to convey the urgency and the scale needed for climate action. Reports by the Intergovernmental Panel on Climate Change, informed by developments in attribution science, establish more precise links between greenhouse gas emissions, extreme weather events, and human impacts. In the meantime, collaborations between scientists and journalists have drawn the broader public's attention to detailed information about the magnitude of planet-warming emissions associated with the activities of major fossil fuel companies"--
In this timely reevaluation of an infamous Supreme Court decision, David E. Bernstein provides a compelling survey of the history and background of Lochner v. New York. This 1905 decision invalidated state laws limiting work hours and became the leading case contending that novel economic regulations were unconstitutional. Sure to be controversial, Rehabilitating Lochner argues that the decision was well grounded in precedent—and that modern constitutional jurisprudence owes at least as much to the limited-government ideas of Lochner proponents as to the more expansive vision of its Progressive opponents. Tracing the influence of this decision through subsequent battles over segregation laws, sex discrimination, civil liberties, and more, Rehabilitating Lochner argues not only that the court acted reasonably in Lochner, but that Lochner and like-minded cases have been widely misunderstood and unfairly maligned ever since.
Book Synopsis Rehabilitating Lochner by : David E. Bernstein
Download or read book Rehabilitating Lochner written by David E. Bernstein and published by University of Chicago Press. This book was released on 2011-05-15 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this timely reevaluation of an infamous Supreme Court decision, David E. Bernstein provides a compelling survey of the history and background of Lochner v. New York. This 1905 decision invalidated state laws limiting work hours and became the leading case contending that novel economic regulations were unconstitutional. Sure to be controversial, Rehabilitating Lochner argues that the decision was well grounded in precedent—and that modern constitutional jurisprudence owes at least as much to the limited-government ideas of Lochner proponents as to the more expansive vision of its Progressive opponents. Tracing the influence of this decision through subsequent battles over segregation laws, sex discrimination, civil liberties, and more, Rehabilitating Lochner argues not only that the court acted reasonably in Lochner, but that Lochner and like-minded cases have been widely misunderstood and unfairly maligned ever since.
Working with progressive conceptual categories relating to indigenous property, cultural identity, the right to an adequate standard of living and healthcare, the Inter-American Court of Human Rights continues to build a justiciability to determine the social rights of marginalised individuals and groups in the Americas. In a context of interpretative tensions of the social rights as political goals and direct effects provisions, Isaac de Paz González unveils the abilities, and the practices of the Inter-American Court’s contribution to the human rights practice in the Global South.
Book Synopsis The Social Rights Jurisprudence in the Inter-American Court of Human Rights by : Isaac de Paz González
Download or read book The Social Rights Jurisprudence in the Inter-American Court of Human Rights written by Isaac de Paz González and published by Edward Elgar Publishing. This book was released on with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Working with progressive conceptual categories relating to indigenous property, cultural identity, the right to an adequate standard of living and healthcare, the Inter-American Court of Human Rights continues to build a justiciability to determine the social rights of marginalised individuals and groups in the Americas. In a context of interpretative tensions of the social rights as political goals and direct effects provisions, Isaac de Paz González unveils the abilities, and the practices of the Inter-American Court’s contribution to the human rights practice in the Global South.
Justifies a two-track approach that includes individual and systemic remedies in both domestic and international human rights law.
Book Synopsis Remedies for Human Rights Violations by : Kent Roach
Download or read book Remedies for Human Rights Violations written by Kent Roach and published by Cambridge University Press. This book was released on 2021-04-08 with total page 633 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justifies a two-track approach that includes individual and systemic remedies in both domestic and international human rights law.
Providing a basic income to everyone, rich or poor, active or inactive, was advocated by Paine, Mill, and Galbraith but the idea was never taken seriously. Today, with the welfare state creaking, it is one of the world’s most widely debated proposals. Philippe Van Parijs and Yannick Vanderborght present a comprehensive defense of this radical idea.
Book Synopsis Basic Income by : Philippe Van Parijs
Download or read book Basic Income written by Philippe Van Parijs and published by Harvard University Press. This book was released on 2017-03-20 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a basic income to everyone, rich or poor, active or inactive, was advocated by Paine, Mill, and Galbraith but the idea was never taken seriously. Today, with the welfare state creaking, it is one of the world’s most widely debated proposals. Philippe Van Parijs and Yannick Vanderborght present a comprehensive defense of this radical idea.
Explores the conceptual and legal underpinnings of global governance approaches to business and human rights, with an emphasis on the UN Guiding Principles.
Book Synopsis Business and Human Rights by : César Rodriguez-Garavito
Download or read book Business and Human Rights written by César Rodriguez-Garavito and published by Cambridge University Press. This book was released on 2017-09-21 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the conceptual and legal underpinnings of global governance approaches to business and human rights, with an emphasis on the UN Guiding Principles.
Captures significant transformations in the theory and practice of economic and social rights in constitutional and human rights law.
Book Synopsis The Future of Economic and Social Rights by : Katharine G. Young
Download or read book The Future of Economic and Social Rights written by Katharine G. Young and published by Cambridge University Press. This book was released on 2019-04-11 with total page 711 pages. Available in PDF, EPUB and Kindle. Book excerpt: Captures significant transformations in the theory and practice of economic and social rights in constitutional and human rights law.
This forward-looking book provides an in-depth analysis of the major transformations of the right to health in Latin America over the past decades, marked by the turn towards the pharmaceuticalisation of health care. Everaldo Lamprea-Montealegre investigates how health-based litigation has deepened inequalities in the global South, exploring the practices of key actors that are reclaiming the right to health in the region.
Book Synopsis Local Maladies, Global Remedies by : Lamprea-Montealegre, Everaldo
Download or read book Local Maladies, Global Remedies written by Lamprea-Montealegre, Everaldo and published by Edward Elgar Publishing. This book was released on 2022-06-16 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This forward-looking book provides an in-depth analysis of the major transformations of the right to health in Latin America over the past decades, marked by the turn towards the pharmaceuticalisation of health care. Everaldo Lamprea-Montealegre investigates how health-based litigation has deepened inequalities in the global South, exploring the practices of key actors that are reclaiming the right to health in the region.
