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  3. Trust, Courts and Social Rights
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  • Publisher:
    Cambridge University Press
    Publication date:
    08 February 2024
    15 February 2024
    ISBN:
    9781009089654
    9781009098557
    DOI:
    https://doi.org/10.1017/9781009089654
    Dimensions:
    (229 x 152 mm)
    Weight & Pages:
    0.55kg, 282 Pages
    Dimensions:
    Weight & Pages:
    • Subjects:
    Social Theory, Constitutional and Administrative Law, Law, Sociology, Jurisprudence
    Series:
    Cambridge Studies in Constitutional Law
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    Subjects:
    Social Theory, Constitutional and Administrative Law, Law, Sociology, Jurisprudence
    Series:
    Cambridge Studies in Constitutional Law
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    Book description

    Trust, Courts and Social Rights proposes an innovative legal framework for judicially enforcing social rights that is rooted in public trust in government or 'political trust'. Interdisciplinary in nature, the book draws on theoretical and empirical scholarship on the concept of trust across disciplines, including philosophy, sociology, psychology and political theory. It integrates that scholarship with the relevant public law literature on social rights, fiduciary political theory and judicial review. In doing so, the book uses trust as an analytical lens for social rights law – importing ideas from the scholarship on trust into the social rights literature – and develops a normative argument that contributes to the controversial debate on how courts should enforce social rights. Also global in focus, the book uses cases from courts in Africa, Europe, Latin America and North America to illustrate how the trust-based framework operates in practice.

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