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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| Format: | Report |
| Language: | English |
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Foundation for Law, Justice and Society
2009
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| Summary: | <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 (McCain v. Bloomberg) as a case study.</p> |
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