Courts and Social Transformation in New Democracies: An Institutional Voice for the Poor?

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Roberto Gargarella, Pilar Domingo, Theunis Roux
Ashgate Publishing, Ltd., 2006 - Political Science - 311 pages
Using case studies drawn from Latin America, Africa, India and Eastern Europe, this volume examines the role of courts as a channel for social transformation for excluded sectors of society in contemporary democracies. With a focus on social rights litigation in post-authoritarian regimes or in the context of fragile state control, the authors assess the role of judicial processes in altering (or perpetuating) social and economic inequalities and power relations in society. Drawing on interdisciplinary expertise in the fields of law, political theory, and political science, the chapters address theoretical debates and present empirical case studies to examine recent trends in social rights litigation.
 

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Contents

Theories of Democracy the Judiciary and Social Rights
13
An Analytical Framework
35
The Record of the South African Constitutional Court in Providing
107
Courts and Social Transformation in India
153
Perspectives from Latin America
169
A Case Study Revisited
185
What Can They Do for the Poor?
213
Weak Courts Rights and Legal Mobilisation in Bolivia
233
Concluding Reflections
255
Bibliography
283
Index
301
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About the author (2006)

Roberto Gargarella is Professor at the Torcuato di Tella University and the University of Buenos Aires both in Argentina. He is also Researcher at the Christian Michelsen Institute, Norway. Pilar Domingo is Researcher at the Instituto de Estudios de Iberoamérica at the University of Salamanca, Spain. Theunis Roux is Director of the South African Institute for Advanced Constitutional, Public, Human Rights and International Law in South Africa.

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