Socio-economic Rights and Their Place in Australia
Author: Sholam Blustein
Publisher:
Published: 2006
Total Pages: 104
ISBN-13:
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Australia’s Engagement with Economic and Social Rights
Author: Russell Solomon
Publisher: Springer Nature
Published: 2021-04-01
Total Pages: 291
ISBN-13: 9811600333
DOWNLOAD EBOOKThis book is a contemporary socio-legal study of Australia’s protection of economic and social rights. Despite Australia’s hortatory language of compliance with international rights standards, its translation of these standards into domestic law and policy has been found wanting. In considering Australia’s compliance across the policy areas of health, housing, labour and social security, it is argued that Australia’s failings can be understood in terms of its institutional framework. This framework provides incomplete legal protection for rights and leaves that protection almost exclusively in the realm of politics and policymaking, an arena still dominated by neoliberalism and a political culture averse to the protection and promotion of economic and social rights.
The Future of Economic and Social Rights
Author: Katharine G. Young
Publisher: Cambridge University Press
Published: 2019-04-11
Total Pages: 711
ISBN-13: 1108418139
DOWNLOAD EBOOKCaptures significant transformations in the theory and practice of economic and social rights in constitutional and human rights law.
Australia's Engagement with Economic and Social Rights
Author: Russell Solomon
Publisher:
Published: 2021
Total Pages: 0
ISBN-13: 9789811600340
DOWNLOAD EBOOKRussell Solomon's book provides a timely and insightful reminder of the neglect, avoidance and regression that has tended to dominate Australia's treatment of economic and social rights. He reveals the dangers associated with a neoliberal approach to policy making for the realisation of these rights in the absence of any schemes to ensure their constitutional or statutory protection. His focus on the rights to health, housing, work and social security allows him to demonstrate with clarity the differences between welfare or charity based approaches and a genuine human rights based approach. This book, with its clear and accessible style, will be an asset to anyone with a genuine interest in understanding how Australia can better protect economic and social rights. - Prof. John Tobin, Francine V McNiff Chair in International Human Rights Law, Melbourne Law School, Australia This timely book fills a gap by focusing on the implementation and protection of economic and social rights in Australia, particularly in the areas of health, housing, labour and social security. Despite extensive international obligations, these rights are under-protected in Australia, a fact which has been brutally exposed by the Covid-19 crisis. Their protection is confined largely to the political and policy arenas dominated by neoliberal thinking rather than by enforceable laws. - Prof. Sarah Joseph, Griffith University, Australia This book is a contemporary socio-legal study of Australia's protection of economic and social rights. Despite Australia's hortatory language of compliance with international rights standards, its translation of these standards into domestic law and policy has been found wanting. In considering Australia's compliance across the policy areas of health, housing, labour and social security, it is argued that Australia's failings can be understood in terms of its institutional framework. This framework provides incomplete legal protection for rights and leaves that protection almost exclusively in the realm of politics and policymaking, an arena still dominated by neoliberalism and a political culture averse to the protection and promotion of economic and social rights. Russell Solomon teaches law in the Global Urban and Social Studies School at RMIT University, Melbourne, Australia.
Achieving Social Justice
Author: Larissa Behrendt
Publisher: Federation Press
Published: 2003
Total Pages: 212
ISBN-13: 9781862874503
DOWNLOAD EBOOKThis new work argues that a broad Indigenous rights framework is crucial to achieving positive change in the socio-economic disadvantage into which Indigenous Australians are born. It explains why addressing problems in Indigenous communities at a practical level needs to be done in conjunction with rights protection.
Weak Courts, Strong Rights
Author: Mark Tushnet
Publisher: Princeton University Press
Published: 2009-07-20
Total Pages: 288
ISBN-13: 1400828155
DOWNLOAD EBOOKUnlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.
Judicial Review, Socio-Economic Rights and the Human Rights Act
Author: Ellie Palmer
Publisher: Bloomsbury Publishing
Published: 2007-08-31
Total Pages: 384
ISBN-13: 1847313760
DOWNLOAD EBOOKIn the United Kingdom during the past decade, individuals and groups have increasingly tested the extent to which principles of English administrative law can be used to gain entitlements to health and welfare services and priority for the needs of vulnerable and disadvantaged groups. One of the primary purposes of this book is to demonstrate the extent to which established boundaries of judicial intervention in socio-economic disputes have been altered by the extension of judicial powers in sections 3 and 6 of the Human Rights Act 1998, and through the development of a jurisprudence of positive obligations in the European Convention on Human Rights 1950. Thus, the substantive focus of the book is on developments in the constitutional law of the United Kingdom. However, the book also addresses key issues of theoretical human rights, international and comparative constitutional law. Issues of justiciability in English administrative law have therefore been explored against a background of two factors: a growing acceptance of the need for balance in the protection in modern constitutional arrangements afforded to civil and political rights on the one hand and socio-economic rights on the other hand; and controversy as to whether courts could make a more effective contribution to the protection of socio-economic rights with the assistance of appropriately tailored constitutional provisions.
Urban Socio-Economic Segregation and Income Inequality
Author: Maarten van Ham
Publisher: Springer Nature
Published: 2021-03-29
Total Pages: 520
ISBN-13: 303064569X
DOWNLOAD EBOOKThis open access book investigates the link between income inequality and socio-economic residential segregation in 24 large urban regions in Africa, Asia, Australia, Europe, North America, and South America. It offers a unique global overview of segregation trends based on case studies by local author teams. The book shows important global trends in segregation, and proposes a Global Segregation Thesis. Rising inequalities lead to rising levels of socio-economic segregation almost everywhere in the world. Levels of inequality and segregation are higher in cities in lower income countries, but the growth in inequality and segregation is faster in cities in high-income countries. This is causing convergence of segregation trends. Professionalisation of the workforce is leading to changing residential patterns. High-income workers are moving to city centres or to attractive coastal areas and gated communities, while poverty is increasingly suburbanising. As a result, the urban geography of inequality changes faster and is more pronounced than changes in segregation levels. Rising levels of inequality and segregation pose huge challenges for the future social sustainability of cities, as cities are no longer places of opportunities for all.
What are Human Rights?
Author: Maurice Cranston
Publisher: Putnam Aeronautical Books
Published: 1973
Total Pages: 184
ISBN-13:
DOWNLOAD EBOOKThe State of Economic and Social Human Rights
Author: Lanse Minkler
Publisher: Cambridge University Press
Published: 2013-01-07
Total Pages: 407
ISBN-13: 1107028027
DOWNLOAD EBOOKOriginal scholarship on economic and social human rights from cutting-edge scholars in the fields of economics, law, political science, sociology and anthropology.
