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Judicial Review in Practice: The Reasonableness Approach and its Shortcomings

David Bilchitz

in Poverty and Fundamental Rights: The Justification and Enforcement of Socio-economic Rights

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552160
eISBN:
9780191709456
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552160.003.0006
Subject:
Law, Human Rights and Immigration

This chapter focuses on the approach of the South African Constitutional Court towards enforcing socio-economic rights. South Africa has directly justiciable, express socio-economic rights in its ... More


Human Rights Transformed: Positive Rights and Positive Duties

Sandra Fredman FBA

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199272761
eISBN:
9780191709814
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199272761.001.0001
Subject:
Law, Human Rights and Immigration

This book moves beyond the artificial boundary between socio-economic and civil and political rights and instead focuses on the positive duties to which all rights give rise. Human rights have ... More


Justifying the Judicial Review of Fundamental Rights

David Bilchitz

in Poverty and Fundamental Rights: The Justification and Enforcement of Socio-economic Rights

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552160
eISBN:
9780191709456
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552160.003.0005
Subject:
Law, Human Rights and Immigration

Given the complexity of the judgment concerning the unconditional obligations upon a society to realise fundamental rights, it becomes of importance to understand who within a society is tasked with ... More


Justiciability of Socio-economic Rights at the Domestic Level

Frans Viljoen

in International Human Rights Law in Africa

Published in print:
2007
Published Online:
March 2012
ISBN:
9780199218585
eISBN:
9780191696107
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199218585.003.0014
Subject:
Law, Human Rights and Immigration

This chapter focuses on poverty – one of the bleakest features in the African landscape – and the role (and potential role) in its eradication played by justiciable socio-economic rights in the ... More


The Global Model of Constitutional Rights

Kai Möller

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199664603
eISBN:
9780191745751
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199664603.001.0001
Subject:
Law, Constitutional and Administrative Law, Public International Law

Since the end of the Second World War and the subsequent success of constitutional judicial review, one particular model of constitutional rights has had remarkable success, first in Europe and now ... More


Introduction

David Bilchitz

in Poverty and Fundamental Rights: The Justification and Enforcement of Socio-economic Rights

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552160
eISBN:
9780191709456
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552160.003.0001
Subject:
Law, Human Rights and Immigration

Socio-economic rights have, until recently, been systematically neglected in our current world. An important reason for this neglect is found to be in the lack of clarity surrounding the ... More


Introduction

Sandra Fredman

in Human Rights Transformed: Positive Rights and Positive Duties

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199272761
eISBN:
9780191709814
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199272761.003.0001
Subject:
Law, Human Rights and Immigration

This introductory chapter begins with a discussion of how human rights give rise to ‘negative’ duties of the State, preventing it from interfering with individuals, rather than requiring the State to ... More


Human Rights-Based Approaches to Development: Towards Accountability

Patrick Twomey

in Economic, Social, and Cultural Rights in Action

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199217908
eISBN:
9780191705380
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199217908.003.0003
Subject:
Law, Human Rights and Immigration

This chapter outlines the core concepts of human rights-based approaches (HRBAs) and explores the evolution of human rights-based approaches to development including the United Nations (UN) ... More


A Doctrine of Basic Universal Rights and Supra-positive Obligations

Margot E Salomon

in Global Responsibility for Human Rights: World Poverty and the Development of International Law

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199284429
eISBN:
9780191713736
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199284429.003.0005
Subject:
Law, Human Rights and Immigration

This chapter examines the jurisprudential and doctrinal developments in support of the existence of a general principle of international law to respect and observe human rights in the main. It then ... More


Attributing Global Legal Responsibility

Margot E Salomon

in Global Responsibility for Human Rights: World Poverty and the Development of International Law

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199284429
eISBN:
9780191713736
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199284429.003.0006
Subject:
Law, Human Rights and Immigration

This chapter discusses several bases for disaggregating global responsibility pertaining to collective state conduct, for violations of socio-economic rights, manifested as world poverty. It draws on ... More


Social and economic rights in the Irish courts and the potential for constitutionalisation

Claire-Michelle Smyth

in Judges, politics and the Irish Constitution

Published in print:
2017
Published Online:
September 2017
ISBN:
9781526114556
eISBN:
9781526124241
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9781526114556.003.0018
Subject:
Law, Legal History

Claire Michelle Smyth’s chapter examines the question of socio-economic rights in the Irish Constitution. She argues that it is possible to identify the avenues for constitutionalisation of ... More


Domestic Implementation of International Human Rights Law in African States

Frans Viljoen

in International Human Rights Law in Africa

Published in print:
2012
Published Online:
April 2015
ISBN:
9780199645589
eISBN:
9780191807305
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199645589.003.0012
Subject:
Law, Human Rights and Immigration

This chapter examines issues arising from domestic implementation of international human rights law (IHRL) in African states. More specifically, it discusses the extent to which IHRL has been ... More


The Implications of Categorizing the Right to Strike as a Civil, Political, and/or Social Right

Tonia Novitz

in International and European Protection of the Right to Strike: A Comparative Study of Standards Set by the International Labour Organization, the Council of Europe and the European Union

Published in print:
2003
Published Online:
March 2012
ISBN:
9780198298540
eISBN:
9780191685484
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298540.003.0002
Subject:
Law, Company and Commercial Law

This chapter analyses the categorisation of ‘rights’ as civil, political, and socio-economic within a democratic framework. It considers the extent to which the right to strike may fall within such ... More


Protection from poverty in the European Court of Human Rights

Elena Pribytkova

in Absolute Poverty in Europe: Interdisciplinary Perspectives on a Hidden Phenomenon

Published in print:
2019
Published Online:
January 2020
ISBN:
9781447341284
eISBN:
9781447341338
Item type:
chapter
Publisher:
Policy Press
DOI:
10.1332/policypress/9781447341284.003.0016
Subject:
Sociology, Social Stratification, Inequality, and Mobility

This paper analyses the practice of the European Court of Human Rights (ECtHR), which gives judicial protection to minimum socio-economic guarantees indispensable for freedom from poverty while ... More


Social and Economic Rights

ALAN BRUDNER

in Constitutional Goods

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199225798
eISBN:
9780191706516
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199225798.003.0008
Subject:
Law, Constitutional and Administrative Law

This chapter distinguishes those egalitarian transformations of equality rights that are organic developments of liberal justice from those incompatible therewith. Section 1 discusses the libertarian ... More


Socio-Economic Rights, Basic Needs, and Human Dignity: A Perspective from Law's Front Line

Conor Gearty

in Understanding Human Dignity

Published in print:
2013
Published Online:
January 2015
ISBN:
9780197265642
eISBN:
9780191760389
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197265642.003.0008
Subject:
Law, Human Rights and Immigration

The quest for the articulation of human dignity within the confines of the law invariably involves consideration of what the relevant human rights law can be said to require in any given case. This ... More


The Interests Protected by the Right to Security of Person

Rhonda Powell

in Rights as Security: The Theoretical Basis of Security of Person

Published in print:
2019
Published Online:
April 2019
ISBN:
9780199589111
eISBN:
9780191792557
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199589111.003.0006
Subject:
Law, Human Rights and Immigration

Drawing on the analysis of security in Chapter 3 and the capabilities approach in Chapter 4, Chapter 5 provides examples of the interests that the right to security of person protects. It also ... More


Article 21A: Clues for Its Content in International Law and Socio-Economic Rights Adjudication in India

Florian Matthey-Prakash

in The Right to Education in India: The Importance of Enforceability of a Fundamental Right

Published in print:
2019
Published Online:
January 2020
ISBN:
9780199494286
eISBN:
9780199097067
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199494286.003.0003
Subject:
Law, Constitutional and Administrative Law

Chapter 3 offers some guidance concerning the content of Article 21A. This question is approached purely legally, not politically. Therefore, the chapter does not describe what content would be ... More


Enhancing a Principled Justificatory Model of Adjudication for the Protection of Human Rights in the Socio-Economic Sphere: The Impact of the European Social Charter on the Case Law of the European Court of Human Rights

Francesco Seatzu

in The Global Community Yearbook of International Law and Jurisprudence 2015

Published in print:
2016
Published Online:
November 2016
ISBN:
9780190647759
eISBN:
9780190647766
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190647759.003.0120
Subject:
Law, Public International Law

This article reviews some important developments of the case law of the European Court of Human Rights (ECtHR) relating to socio-economic rights. In its early case law on this subject, the ECtHR’s ... More


Negative and Positive Freedom

Kai Möller

in The Global Model of Constitutional Rights

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199664603
eISBN:
9780191745751
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199664603.003.0002
Subject:
Law, Constitutional and Administrative Law, Public International Law

Chapter 2 argues that the value protected by constitutional rights must be positive freedom, or personal autonomy: in particular the doctrines of positive obligations and horizontal effect and the ... More


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