The Role of Courts in the Implementation of Economic, Social, and Cultural Rights
Rajat Khosla
Hunt-Khosla.pdf (649.24 KB)
The Role of Courts in the Implementation of Economic, Social, and Cultural Rights

This policy brief sets out some of the recent case law on the right to the highest attainable standard of health and argues that this jurisprudence exposes the unnecessarily narrow construction of the social contract.

The boundaries of the social contract can be expanded to encompass not only the civil and political elements, but also the social.
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The Courts and Social Policy in the United States

Workshop with the Aspen Institute examining policy issues including affirmative action, reproductive rights, and anti-terror legislation.

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A Social Contract for the Twenty-first Century: Socio-Economic Rights and Wealthier Democracies

With the reluctance by many in the Anglo-American world to countenance an incorporation of socio-economic rights into justiciable Bills of Rights, this policy brief explores the potential of the social contract as a complementary approach to the positivist arguments of international human rights law.

Social contract theory has evolved in the twenty-first century into a progressive theory that encompasses socio-economic rights. 

 

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The Constitutional Politics of Socio-Economic Rights: Proceduralism ‘Writ Large’

This policy brief examines the constitutional protection of socio-economic rights in their relationship to the political process.

 
How should constitutional courts approach claims of socio-economic rights? Should they defer to politically elected bodies? If not, what kind of arguments should judges employ in their reasoning?
 
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SAD Cases in the Coroners’ Courts

This report presents the views of a number of leading medical and legal experts on the complex evidential issues arising at inquests into sudden adult deaths. Participants include Michael Burgess OBE (HM Coroner of the Royal Household and Legal Secretary of the Coroners’ Society of England & Wales) and Professor Hugh Watkins (an expert in molecular genetics and molecular biology of heart muscle disease).

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