The ‘Homeless Families with Children’ litigation: a case study of court enforcement of socio-economic rights

<p>In the United States, courts have played a key role in defining socio-economic rights and in enforcing the government's obligations to provide and protect those rights.</p> <p>Such long-term judicial oversight has provoked political debate over the proper role of the courts...

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Hlavní autor: Clary, R
Další autoři: The Centre for Socio-Legal Studies
Médium: Report
Jazyk:English
Vydáno: Foundation for Law, Justice and Society 2008
Témata:
Popis
Shrnutí:<p>In the United States, courts have played a key role in defining socio-economic rights and in enforcing the government's obligations to provide and protect those rights.</p> <p>Such long-term judicial oversight has provoked political debate over the proper role of the courts versus the executive branch. That debate has five key aspects: (1) declaring the right at issue, including the source of that right; (2) defining the scope of the right; (3) enforcing the right; (4) the (alleged) downsides of long-term judicial oversight; and (5) defining when the court should end its role.</p> <p>This policy brief uses the Homeless Families with Children litigation (<em>McCain v. Bloomberg</em>) as a case study.</p>