Social rights interpretation in Brazil and South Africa
In: Revista de investigações constitucionais, Band 5, Heft 3, S. 149
ISSN: 2359-5639
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In: Revista de investigações constitucionais, Band 5, Heft 3, S. 149
ISSN: 2359-5639
Abstract: This article argues that while the provision of social assistance is an accepted reality in Canada it is supported by a multiplicity of contrary arguments in the context of scarce resources. As such, it must be the prerogative of elected leaders to balance the direction and resourcing of its provision with competing policy goals. However, this does not imply a political carte blanche with regard to policy development. In addition to any judicial check on policy-making, public servants have an obligation to ensure that the elected decision-makers are adequately informed about the rights issues involved as well as the various policy options available. Moreover, public servants must ensure that all normative and potentially rights abrogating decisions are made openly, transparently and subject to the scrutiny of a public that has the tools and means to understand and analyse information and to express itself accordingly in the political arena.
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In: DS Law, H. Lau, & A. Schwartz (eds.). Oxford Handbook of Constitutional Law in Asia. Oxford University Press, Ch. 48, Forthcoming
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In: Jung, Courtney, and Evan Rosevear, 2012, "Economic and Social Rights Across Time, Regions, and Legal Traditions: A Preliminary Analysis of the TIESR Dataset." Nordic Journal of Human Rights 30(3): 374-96
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In: Campbell, Tom, K.D. Ewing, and Adam Tomkins, (eds.), 2011. The Legal Protection of Human Rights: Sceptical Essays. Oxford: Oxford University Press.
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In: American Journal of Comparative Law, 62:4 (2014): 1043-1098
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