The Future of Economic and Social Rights

Katharine G. Young is Associate Professor of Law at Boston College, Massachusetts. She has published widely in the fields of public law, human rights, and constitutionalism and is the author of Constituting Economic and Social Rights (2012) and editor of The Public Law of Gender (Cambridge, 2016) with Kim Rubenstein. She completed her doctorate in law at Harvard University, and was a fellow at Harvard's Justice, Welfare and Economics program. Amartya Sen is Thomas W. Lamont University Professor, and Professor of Economics and Philosophy, at Harvard University, Massachusetts. His books have been translated into more than thirty languages, and include On Economic Inequality (1973, 1997); Poverty and Famines (1981); Commodities and Capabilities (1985); The Standard of Living (1987); Development as Freedom (1999); The Idea of Justice (2009); An Uncertain Glory: India and its Contradictions (jointly with Jean Drèze, 2013); and The Country of First Boys (2015). Amartya Sen's awards include Bharat Ratna (India); Commandeur de la Legion d'Honneur (France); the National Humanities Medal (USA); Ordem do Merito Cientifico (Brazil); Honorary Companion of Honour (UK); the Aztec Eagle (Mexico); the Edinburgh Medal (UK); the George Marshall Award (USA); the Eisenhower Medal (USA); and the Nobel Prize in Economics.

Foreword Amartya Sen; 1. Introduction Katharine G. Young; Part I. Adjudication and Rights: Global Trends: 2. Justiciable and aspirational ESRs in national constitutions Evan Rosevear, Ran Hirschl and Courtney Jung; 3. Judicial politics and social rights Malcolm Langford; 4. Constitutional non-transformation? Socioeconomic rights beyond the poor David Landau and Rosalind Dixon; Part II. Adjudication and Rights in Context: Two Contrasts: 5. The Right to Education in the American State Courts Michael A. Rebell; 6. Legislating human rights – experience of the right to Education Act in India Arghya Sengupta, Ajey Sangai, Shruti Ambast and Akriti Gaur; Part III. Adjudication and Rights: Democracy and Courts: 7. The participatory democratic turn in South Africa's social rights jurisprudence Sandra Liebenberg; 8. Why do we care about dialogue? 'Notwithstanding clause', 'meaningful engagement' and public hearings: a sympathetic but critical analysis Roberto Gargarella; 9. Empowered participatory jurisprudence: experimentation, deliberation and norms in socioeconomic rights adjudication César Rodríguez-Garavito; 10. Courts and economic and social rights/ courts as economic and social rights Judith Resnik; Part IV. Economic and Social Rights in Retrenchment: Past and Future: 11. The future of social rights: social rights as capstone Jeff King; 12. The present limits and future potential of European social constitutionalism Colm O'Cinneide; 13. Canada's confounding experience with health rights litigation and the search for a silver lining Colleen M. Flood, Bryan Thomas and David Rodriguez; 14. Universal basic income as a social rights-based antidote to growing economic insecurity Philip Alston; Part V. Economic and Social Rights in Development: Local and Global Trajectories: 15. Rights as logistics: notes on the right to food and food retail liberalization in India Amy J. Cohen and Jason Jackson; 16. Human rights, investment and the rights-ification of development: the practice of 'human rights impact assessments' in large-scale foreign investments in natural resources Jeremy Perelman; 17. Human rights testimony in a different pitch: speaking political power Lucie White; 18. Grassroots lawfare: how South Africa's urban poor use land as a legal instrument Kerry Ryan Chance; Part VI. Rights and Accountability: Emerging Doctrines, Evolving Concepts: 19. Public budget analysis for the realization of economic, social and cultural rights: conceptual framework and practical implementation Olivier De Schutter; 20. Bridging the gap: the evolving doctrine on ESCR and 'maximum available resources Rodrigo Uprimny, Sergio Chaparro and Andrés Castro Araújo; 21. Waiting for rights: progressive realization and lost time Katharine G. Young.