{"title":"Judicial Agency and the Adjudication of Social Rights","authors":"Whitney K. Taylor","doi":"10.1353/hrq.2023.0014","DOIUrl":null,"url":null,"abstract":"ABSTRACT:This article explores the impact of judicial interpretation on legal system change. An analysis of constitutional rights cases and 178 semi-structured interviews with judges, lawyers, and activists shows that judges created opportunities for mobilization for social rights by changing understandings about and uses of pre-existing institutional arrangements, through the contingent exercise of judicial agency. While Colombian judges pointed to interconnectedness of rights, South African judges focused on human dignity. These choices spurred the massive, yet unforeseen, expansion of the tutela procedure in Colombia and precipitated policy-oriented judicial decision-making and “meaningful engagement” in South African constitutional rights litigation.","PeriodicalId":47589,"journal":{"name":"Human Rights Quarterly","volume":"45 1","pages":"283 - 305"},"PeriodicalIF":0.8000,"publicationDate":"2023-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Human Rights Quarterly","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1353/hrq.2023.0014","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"POLITICAL SCIENCE","Score":null,"Total":0}
引用次数: 1
Abstract
ABSTRACT:This article explores the impact of judicial interpretation on legal system change. An analysis of constitutional rights cases and 178 semi-structured interviews with judges, lawyers, and activists shows that judges created opportunities for mobilization for social rights by changing understandings about and uses of pre-existing institutional arrangements, through the contingent exercise of judicial agency. While Colombian judges pointed to interconnectedness of rights, South African judges focused on human dignity. These choices spurred the massive, yet unforeseen, expansion of the tutela procedure in Colombia and precipitated policy-oriented judicial decision-making and “meaningful engagement” in South African constitutional rights litigation.
期刊介绍：
Now entering its twenty-fifth year, Human Rights Quarterly is widely recognizedas the leader in the field of human rights. Articles written by experts from around the world and from a range of disciplines are edited to be understood by the intelligent reader. The Quarterly provides up-to-date information on important developments within the United Nations and regional human rights organizations, both governmental and non-governmental. It presents current work in human rights research and policy analysis, reviews of related books, and philosophical essays probing the fundamental nature of human rights as defined by the Universal Declaration of Human Rights.
京公网安备 11010802042870号
京ICP备2023020795号-1
分享
求助内容：
应助结果提醒方式：
扫码关注我们
