David Bilchitz

Poverty and Fundamental Rights

The Justification and Enforcement of Socio-Economic Rights

• Gebundenes Buch

Produktbeschreibung

heavy burden of justification on any society that fails to meet the minimal interests of individuals. It also requires concrete steps to be taken towards realising a higher level of provision that guarantees individuals the necessary conditions for realising a wide range of purposes. This is also shown to have important policy implications both for developing and developed countries that can, it is hoped, assist in creating an urgency and commitment towards eradicating extreme

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Socio-economic rights have been widely regarded as aspirational goals, rhetorically useful, but having few practical implications for government policy and the distribution of resources within a polity. It is not therefore surprising that socio-economic rights have been systematically neglected in the world today, with millions still lacking access to basic shelter, food or health-care. This book seeks to provide a sustained argument for placing renewed emphasis upon socio-economic rights in the fight against desperate poverty. It utilizes a combination of political philosophy, constitutional law, and public policy in its focus and analyzes why violations of socio-economic rights are treated with less urgency than violations of civil and political rights.

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Produktdetails

• Verlag: Hurst & Co.
• Seitenzahl: 298
• Erscheinungstermin: 9. April 2007
• Englisch
• Abmessung: 234mm x 164mm x 23mm
• Gewicht: 590g
• ISBN-13: 9780199204915
• ISBN-10: 0199204918
• Artikelnr.: 21624949

Autorenporträt

David Bilchitz graduated cum laude from the University of the Witwatersrand, Johannesburg in 1997 with a BA (Hons) in Philosophy and in 1999 with a law degree (LLB). In 2000, he worked as law clerk to the current Chief Justice of South Africa, Pius Langa when the famous Grootboom case was decided. He graduated from St. John's College, University of Cambridge with an Mphil degree in Philosophy in 2001 and a PhD degree in 2004 with a thesis that combined political philosophy and constitutional law. He currently works for Ross Kriel Attorneys, a law firm that together with its sister organisation, Ashira Consulting, specialises in the law relating to the public sector. He is also a part-time lecturer in jurisprudence at the University of the Witwatersrand

Inhaltsangabe

* Preface
* Foreword
* Introduction
* 1: Towards a Thin Theory of the Good
* Introduction
* Value and Point of View
* Nussbaum and the Notion of a Human Life
* Rawls and the Concept of the Person
* Drawing Fact and Value Together: Experience and Purpose
* In Defence of the Proposed Theory of Value
* Judgments of Priority
* Conclusion
* 2: The Justification of Fundamental Rights
* Introduction
* The Presuppositions of Agency and Fundamental Rights
* Nagel's Strategy: Impersonal and Personal Reasons
* Political Communities and the Justification of Fundamental Rights
* Objections
* Conclusion
* 3: Determining Our Unconditional Obligations
* Introduction
* Unanswered Questions About the Content of Rights
* Conditional and Unconditional Rights
* Translating Conditional Rights into Unconditional Rights
* The Assignment of Duties
* The Overall Decision Framework
* Conclusion
* 4: Justifying the Judicial Review of Fundamental Rights
* Introduction
* Theories of Judicial Review
* Disagreement, Rights, and Judicial Review
* A Thin Rights-Based Theory of Judicial Review
* Reaching Optimal Decisions Concerning Fundamental Rights: The
Judiciary or the Legislature?
* Socio-Economic Rights and Judicial Review
* Conclusion
* 5: Judicial Review in Practice: The Reasonableness Approach and its
Shortcomings
* Introduction
* Constitutional Interpretation in South Africa
* Grootboom: Reasonableness and the Minimum Core
* Treatment Action Campaign: Reducing Rights to Reasonableness
* An Alternative Reading of the Jurisprudence?
* Khosa: Reasonableness and the Confusion of Scope and Content
* Conclusion
* 6: Political Philosophy in Action: Developing the Minimum Core
Approach to Socio-Economic Rights
* Introduction
* Linking Political Philosophy and Legal Doctrine
* The Case for a Minimum Core Approach
* Objections to the Minimum Core Approach
* The Notion of Priority and the Minimum Core
* Resources, Impossibility, and Rights
* The Availability of Resources
* Conclusion
* Conclusion: Implications for Policy in South Africa and Beyond
* The Right to Food in the United States, India, and South Africa
* The Right to Adequate Housing in the United Kingdom, India, and South
Africa
* Conclusion
* Bibliography
* Index