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Boyle, Katie (2020) Economic and Social Rights Law Incorporation, Justiciability and Principles of Adjudication Chapter 1. In: Economic and Social Rights Law Incorporation, Justiciability and Principles of Adjudication. 1 ed. Routledge, New York, pp. 1-45. ISBN 9781315098326

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Official URL: https://doi.org/10.4324/9781315098326

Abstract

This chapter examines the potential models of incorporation (ways of embedding rights into domestic law) for economic and social rights (ESR) at the national and devolved (subnational) level and the justiciability mechanisms (adjudication by a court) that enable access to effective remedies in court for violations of ESR. It develops principles of ESR adjudication (the building blocks of good practice) and categorises justiciability mechanisms for ESR enforcement at both the national and devolved level. The chapter proposes the circumstances in which ESR justiciability can be made legitimately possible. Whilst Gearty highlights the insufficiency of relying on adjudication to fulfil ESR Mantouvalou highlights the importance of embracing it as one means, out of a variety of pathways, required to secure ESR. To date, the analysis of social rights adjudication has focused to a large degree on the taxonomy of obligations along the respect-protect-fulfil axis. The chapter also presents an overview of the key concepts discussed in this book.

Item Type: Book Section
Subjects: H Social Sciences > H Social Sciences (General)
J Political Science > JZ International relations
K Law > K Law (General)
L Education > L Education (General)
Depositing User: Unnamed user with email lib@uiii.ac.id
Date Deposited: 05 Nov 2021 02:49
Last Modified: 05 Nov 2021 02:49
URI: http://digitalcollections.uiii.ac.id/id/eprint/78

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