Courting Social Justice. Judicial Enforcement of Social and Economic Rights in the Developing World

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 is a first-of-its-kind, five-country empirical study of the causes and effects of social and economic rights litigation
• The research strategy is a structured comparison of five countries: Brazil, India, Indonesia, Nigeria, and South Africa
• The book develops new methodologies for analyzing the sources of and variation in social and economic rights litigation

Contents

1. Introduction: the elements of legalization, and the triangular shape of social and economic rights Varun Gauri and Daniel M. Brinks
2. Litigating for social justice in post-apartheid South Africa: a focus on health and education Jonathan Berger
3. Accountability for social and economic rights in Brazil Florian F. Hoffmann and Fernando R. N. M. Bentes
4. Courts and socio-economic rights in India Shylashri Shankar and Pratap Bhanu Mehta
5. The impact of economic and social rights in Nigeria: an assessment of the legal framework for implementing education and health as human rights Chidi Anselm Odinkalu
6. The implementation of the rights to health care and education in Indonesia Bivitri Susanti
7. A new policy landscape: legalizing social and economic rights in the developing world Helen Hershkoff
8. Transforming legal theory in the light of practice: the judicial application of social and economic rights to private orderings Daniel M. Brinks and Varun Gauri.