Skip to content

Your Cart


You have 0 items in your cart.

Register Sign in Wishlist

Judging Social Rights

$51.00 (C)

Award Winner

Part of Cambridge Studies in Constitutional Law

  • Date Published: June 2012
  • availability: Available
  • format: Paperback
  • isbn: 9781107400320

$ 51.00 (C)

Add to cart Add to wishlist

Other available formats:
Hardback, eBook

Looking for an examination copy?

If you are interested in the title for your course we can consider offering an examination copy. To register your interest please contact providing details of the course you are teaching.

Product filter button
About the Authors
  • Countries that now contemplate constitutional reform often grapple with the question of whether to constitutionalize social rights. This book presents an argument for why, under the right conditions, doing so can be a good way to advance social justice. In making such a case, the author considers the nature of the social minimum, the role of courts among other institutions, the empirical record of judicial impact, and the role of constitutional text. He argues, however, that when enforcing such rights, judges ought to adopt a theory of judicial restraint structured around four principles: democratic legitimacy, polycentricity, expertise and flexibility. These four principles, when taken collectively, commend an incrementalist approach to adjudication. The book combines theoretical, doctrinal, empirical and comparative analysis, and is written to be accessible to lawyers, social scientists, political theorists and human rights advocates.

    • Provides a clear and accessible account of constitutional social rights
    • Accommodates the objections that courts lack the legitimacy and expertise for enforcing social rights
    • Ranges broadly over comparative doctrinal analysis of judicial decisions and constitutional provisions, empirical legal studies, administrative justice, and legal and political theory
    Read more


    • Winner of the 2014 Peter Birks Prize for Outstanding Legal Scholarship

    Reviews & endorsements

    "… [a] stimulating and comprehensive [addition] to the burgeoning case for enforceable economic and social rights, specifically health care, housing, social security and education (social rights) … The book sets out a relentlessly coherent and impressive argument as to why incorporating social rights should be seen as an incremental step in the right direction."
    Jamie Burton, Public Law

    "There is no doubt that King has written a deeply impressive book that will be of great interest to social rights scholars and indeed anyone interested in public law. It is highly recommended."
    Murray Wesson, University of Western Sydney Law Review

    "[In] Judging Social Rights … we are presented with new perspectives for analyzing the relationship between social rights and constitutionalism. [King argues] that it is important to constitutionalize these rights, and … then engage[s] in sophisticated analyses about how to implement these rights in the context of a complex set of government and nongovernment institutions, practices and actors, all within the context of comparative and global frames."
    Eileen McDonagh, Tulsa Law Review

    "In Judging Social Rights, Jeff King makes a powerful case for a limited, incrementalist, judicial approach to social rights adjudication … King has made a significant contribution to the transformation of the terms of the debate: the most pertinent question now, he has shown to us, is not whether, but when and how, judges should protect social rights."
    Farrah Ahmed, Oxford Journal of Legal Studies

    See more reviews

    Customer reviews

    Not yet reviewed

    Be the first to review

    Review was not posted due to profanity


    , create a review

    (If you're not , sign out)

    Please enter the right captcha value
    Please enter a star rating.
    Your review must be a minimum of 12 words.

    How do you rate this item?


    Product details

    • Date Published: June 2012
    • format: Paperback
    • isbn: 9781107400320
    • length: 400 pages
    • dimensions: 226 x 152 x 20 mm
    • weight: 0.61kg
    • contains: 1 b/w illus. 2 tables
    • availability: Available
  • Table of Contents

    1. Aims and methods
    Part I. The Case for Constitutional Social Rights:
    2. The case for social rights
    3. The value of courts in light of the alternatives
    4. A basic interpretive approach
    Part II. A Theory of Judicial Restraint:
    5. Institutional approaches to judicial restraint
    6. Democratic legitimacy
    7. Polycentricity
    8. Expertise
    9. Flexibility
    Part III. Incrementalism:
    10. Incrementalism as a general theme.

  • Author

    Jeff King, University College London
    Jeff King is a senior lecturer at the Faculty of Laws, University College London, where he teaches public law, human rights and legal theory.


    • Winner of the 2014 Peter Birks Prize for Outstanding Legal Scholarship

Sign In

Please sign in to access your account


Not already registered? Create an account now. ×

Sorry, this resource is locked

Please register or sign in to request access. If you are having problems accessing these resources please email

Register Sign in
Please note that this file is password protected. You will be asked to input your password on the next screen.

» Proceed

You are now leaving the Cambridge University Press website. Your eBook purchase and download will be completed by our partner Please see the permission section of the catalogue page for details of the print & copy limits on our eBooks.

Continue ×

Continue ×

Continue ×

Find content that relates to you

Are you sure you want to delete your account?

This cannot be undone.


Thank you for your feedback which will help us improve our service.

If you requested a response, we will make sure to get back to you shortly.

Please fill in the required fields in your feedback submission.