Product Description
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.
Book Description
Courts are increasingly active on social and economic rights in many countries. Will giving courts a more prominent role in economic and social policy make governments and others more accountable for responding to extreme poverty and deprivation? Will courts usurp the policy making power of more representative branches of government? The case studies and comparative analysis presented in this book shed light on these and other important questions concerning social and economic rights and the place of courts in policy making.
About the Author
Varun Gauri is Senior Economist in the Development Research Group of the World Bank. His research focuses on politics and governance in the social sectors and aims to combine quantitative and qualitative methods in economics and social science research. His research has addressed HIV/AIDS policies in Brazil, South Africa, and Mozambique; basic immunization in Pakistan; the behavior of development nongovernmental organizations (NGOs) in Bangladesh; payment modalities for health-care providers in Costa Rica and Nigeria; litigation for social and economic rights in developing countries; and the relationship between international human rights treaties and development outcomes. He is the author of School Choice in Chile: Two Decades of Educational Reform. He has published widely in development journals, including World Development, the Journal of Development Studies, Studies in Comparative International Development, World Bank Research Observer, and Health Policy and Planning. Since joining the World Bank in 1996, he has also worked on and led a variety of operational and analytic tasks, including project and program evaluations, investments in privately owned hospitals, health-care decentralization, and public expenditure reviews.
Daniel M. Brinks is Assistant Professor of Government at the University of Texas at Austin. He teaches in comparative politics and public law, with emphasis on comparative judicial politics and democracy in Latin America, and his research focuses on the role of the law and courts in supporting or deepening democracy. In addition to his research on the judicial response to police violence in Brazil, Argentina, and Uruguay, he has written on judicial independence, the role of informal norms in the legal order, and the use of law-based approaches to extend social and economic rights in developing countries. His research appears in journals such as Comparative Politics, Studies in Comparative International Development, Comparative Political Studies, and the Texas International Law Journal.
Product Details
Hardcover: 384 pages
Publisher: Cambridge University Press; 1 edition (September 8, 2008)
Language: English
ISBN-10: 0521873762
ISBN-13: 978-0521873765
Product Dimensions: 9.1 x 6.1 x 0.9 inches