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Despite the lack of socio-economic rights in the U.S. Constitution and the absence of political will to enforce them, the vast majority of constitutions around the world now include these rights, and courts are enforcing them in increasingly aggressive and creative ways. Scholars have produced a...
Persistent link: https://www.econbiz.de/10012976135
This response to Brian Ray's lead article, Evictions, Avoidance, and the Aspirational Impulse, is forthcoming in the Constitutional Court Review of South Africa. Ray argues that some of the recent jurisprudence of the South African Court shows how the Court's remedies for socioeconomic rights...
Persistent link: https://www.econbiz.de/10013035038
The English version of this paper can be found at http://ssrn.com/abstract=1774915. Comparative constitutional law scholarship has not realized that differences in the configuration of political institutions should bear upon the way courts do their jobs. This paper develops a comparative theory...
Persistent link: https://www.econbiz.de/10014181229