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Part III - Adjudication and Rights

Democracy and Courts

Published online by Cambridge University Press:  04 April 2019

Katharine G. Young
Affiliation:
Boston College, Massachusetts
Amartya Sen
Affiliation:
Harvard University, Massachusetts
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Summary

This chapter makes a conceptual and empirical case for empowered participatory jurisprudence (EPJ), a hybrid approach to the justiciability of socioeconomic rights (SERs) that brings together normative and democratic experimentalist theories of adjudication. EPJ’s institutional mechanisms entail a strong affirmation of rights, moderate court orders and strong monitoring of the implementation of those orders. Conceptually, EPJ is an instance of bounded democratic experimentalism, whereby courts act as catalysts of collective and iterative processes of collective problem solving. Such processes take place within the legal parameters of substantive SERs, on the one hand, and procedural (enabling) rights, on the other hand. The latter are meant to facilitate the empowered participation of victims of SER violations and their allies, as well as other sources of countervailing power in the implementation of court orders and relevant socioeconomic policies. Empirically, the chapter sketches a case study of the right to food case in India, which, it is argued, exemplifies several EPJ institutional principles and mechanisms.
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Publisher: Cambridge University Press
Print publication year: 2019

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  • Adjudication and Rights
  • Edited by Katharine G. Young, Boston College, Massachusetts
  • Foreword by Amartya Sen, Harvard University, Massachusetts
  • Book: The Future of Economic and Social Rights
  • Online publication: 04 April 2019
  • Chapter DOI: https://doi.org/10.1017/9781108284653.010
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  • Adjudication and Rights
  • Edited by Katharine G. Young, Boston College, Massachusetts
  • Foreword by Amartya Sen, Harvard University, Massachusetts
  • Book: The Future of Economic and Social Rights
  • Online publication: 04 April 2019
  • Chapter DOI: https://doi.org/10.1017/9781108284653.010
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Adjudication and Rights
  • Edited by Katharine G. Young, Boston College, Massachusetts
  • Foreword by Amartya Sen, Harvard University, Massachusetts
  • Book: The Future of Economic and Social Rights
  • Online publication: 04 April 2019
  • Chapter DOI: https://doi.org/10.1017/9781108284653.010
Available formats
×