Rights and Courts in Pursuit of Social Change

Rights and Courts in Pursuit of Social Change

Author: Dia Anagnostou

Publisher: Bloomsbury Publishing

Published: 2014-12-01

Total Pages: 252

ISBN-13: 1782251863

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Over the past few decades, European countries have witnessed a proliferation of legal norms concerning marginalised individuals and minorities who increasingly invoke them in front of courts to assert their rights and claim protection. The present volume explores the relationship between law, rights and social mobilisation in Europe. It specifically enquires into the extent and ways in which legal processes and entitlements are mobilised by less privileged social actors to advance their rights claims and pursue social change. Most distinctly, it explores such processes in the context of the multi-level European system, characterised by the existence of multiple legal and judicial arenas at the national, subnational and supranational/transnational level. In such a complex system of law and governance in Europe, concepts like legal opportunity structures, as well as the factors shaping them need to be reconceptualised. How does the multi-level European context distinctly shape the nature and salience of rights, as well as their mobilisation by individuals and minority actors?


Rights and Courts in Pursuit of Social Change

Rights and Courts in Pursuit of Social Change

Author: Dia Anagnostou

Publisher: Bloomsbury Publishing

Published: 2014-12-01

Total Pages: 320

ISBN-13: 1782251871

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Over the past few decades, European countries have witnessed a proliferation of legal norms concerning marginalised individuals and minorities who increasingly invoke them in front of courts to assert their rights and claim protection. The present volume explores the relationship between law, rights and social mobilisation in Europe. It specifically enquires into the extent and ways in which legal processes and entitlements are mobilised by less privileged social actors to advance their rights claims and pursue social change. Most distinctly, it explores such processes in the context of the multi-level European system, characterised by the existence of multiple legal and judicial arenas at the national, subnational and supranational/transnational level. In such a complex system of law and governance in Europe, concepts like legal opportunity structures, as well as the factors shaping them need to be reconceptualised. How does the multi-level European context distinctly shape the nature and salience of rights, as well as their mobilisation by individuals and minority actors?


Courting Social Justice

Courting Social Justice

Author: Varun Gauri

Publisher: Cambridge University Press

Published: 2010-03-15

Total Pages: 384

ISBN-13: 9780521145169

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This book is a first-of-its-kind, five-country empirical study of the causes and consequences of social and economic rights litigation. Detailed studies of Brazil, India, Indonesia, Nigeria, and South Africa present systematic and nuanced accounts of court activity on social and economic rights in each country. The book develops new methodologies for analyzing the sources of and variation in social and economic rights litigation, explains why actors are now turning to the courts to enforce social and economic rights, measures the aggregate impact of litigation in each country, and assesses the relevance of the empirical findings for legal theory. This book argues that courts can advance social and economic rights under the right conditions precisely because they are never fully independent of political pressures.


Research Handbook on Law, Movements and Social Change

Research Handbook on Law, Movements and Social Change

Author: Steven A. Boutcher

Publisher: Edward Elgar Publishing

Published: 2023-07-01

Total Pages: 463

ISBN-13: 1789907675

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The study of law and social movements provides an ideal lens for rethinking fundamental questions about the relationship between law and power. This Research Handbook takes up that challenge, framing a new, more global, dynamic, reflexive, and contextualised phase of social movement studies.


Engaging with Social Rights

Engaging with Social Rights

Author: Brian Ray

Publisher: Cambridge University Press

Published: 2016-04-21

Total Pages: 395

ISBN-13: 1107029457

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With a new and comprehensive account of the South African Constitutional Court's social rights decisions, Brian Ray argues that the Court's procedural enforcement approach has had significant but underappreciated effects on law and policy, and challenges the view that a stronger substantive standard of review is necessary to realize these rights. Drawing connections between the Court's widely acclaimed early decisions and the more recent second-wave cases, Ray explains that the Court has responded to the democratic legitimacy and institutional competence concerns that consistently constrain it by developing doctrines and remedial techniques that enable activists, civil society and local communities to press directly for rights-protective policies through structured, court-managed engagement processes. Engaging with Social Rights shows how those tools could be developed to make state institutions responsive to the needs of poor communities by giving those communities and their advocates consistent access to policy-making and planning processes.


The Handbook of Community Practice

The Handbook of Community Practice

Author: Marie Weil

Publisher: SAGE

Published: 2013

Total Pages: 968

ISBN-13: 1412987857

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Encompassing community development, organizing, planning, & social change, as well as globalisation, this book is grounded in participatory & empowerment practice. The 36 chapters assess practice, theory & research methods.


Research Handbook on Law and Courts

Research Handbook on Law and Courts

Author: Susan M. Sterett

Publisher: Edward Elgar Publishing

Published: 2019

Total Pages: 505

ISBN-13: 1788113209

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The Research Handbook on Law and Courts provides a systematic analysis of new work on courts as governing institutions. Authors consider how courts have taken on regulating fundamental categories of inclusion and exclusion, including citizenship rights. Courts’ centrality to governance is addressed in sections on judicial processes, sub-national courts, and political accountability, all analyzed in multiple legal/political systems. Other chapters turn to analyzing the worldwide push for diversity in staffing courts. Finally, the digitization of records changes both court processes and studying courts. Authors included in the Handbook discuss theoretical, empirical and methodological approaches to studying courts as governing institutions. They also identify promising areas of future research.


The Pursuit of Racial and Ethnic Equality in American Public Schools

The Pursuit of Racial and Ethnic Equality in American Public Schools

Author: Kristi L. Bowman

Publisher: MSU Press

Published: 2014-12-19

Total Pages: 506

ISBN-13: 1628952393

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In 1954 the Supreme Court decided Brown v. Board of Education; ten years later, Congress enacted the Civil Rights Act. These monumental changes in American law dramatically expanded educational opportunities for racial and ethnic minority children across the country. They also changed the experiences of white children, who have learned in increasingly diverse classrooms. The authors of this commemorative volume include leading scholars in law, education, and public policy, as well as important historical figures. Taken together, the chapters trace the narrative arc of school desegregation in the United States, beginning in California in the 1940s, continuing through Brown v. Board, the Civil Rights Act, and three important Supreme Court decisions about school desegregation and voluntary integration in 1974, 1995, and 2007. The authors also assess the status of racial and ethnic equality in education today and consider the viability of future legal and policy reform in pursuit of the goals of Brown v. Board. This remarkable collection of voices in conversation with one another lays the groundwork for future discussions about the relationship between law and educational equality, and ultimately for the creation of new public policy. A valuable reference for scholars and students alike, this dynamic text is an important contribution to the literature by an outstanding group of authors.


Courts and Social Transformation in New Democracies

Courts and Social Transformation in New Democracies

Author: Roberto Gargarella

Publisher: Routledge

Published: 2017-03-02

Total Pages: 323

ISBN-13: 1351947958

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Using case studies drawn from Latin America, Africa, India and Eastern Europe, this volume examines the role of courts as a channel for social transformation for excluded sectors of society in contemporary democracies. With a focus on social rights litigation in post-authoritarian regimes or in the context of fragile state control, the authors assess the role of judicial processes in altering (or perpetuating) social and economic inequalities and power relations in society. Drawing on interdisciplinary expertise in the fields of law, political theory, and political science, the chapters address theoretical debates and present empirical case studies to examine recent trends in social rights litigation.


Limits of Supranational Justice

Limits of Supranational Justice

Author: Dilek Kurban

Publisher: Cambridge University Press

Published: 2020-11-12

Total Pages: 411

ISBN-13: 110848932X

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A rich and gripping account of the challenges of transnational legal mobilization against an authoritarian regime engaged in state violence.