The limits of prescription: courts and social policy in India and South Africa

Friedman, Steven and Maiorano, Diego (2017) The limits of prescription: courts and social policy in India and South Africa. Commonwealth and Comparative Politics, 55 (3). pp. 353-376. ISSN 1743-9094

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This paper explores social policy-making role of supreme courts in India and South Africa. It argues that that both significantly shaped social policy. But neither imposed its will on elected government – both recognised that judicial power is limited and sought negotiation with the government and other interests to ensure compliance with rulings. Despite the difference between them, both courts promote and support collective action by the poor or their allies in civil society. The paper traces the institutional roots of the relative strength of the two courts and their relations with their governments and links their rulings to the political environment.

Item Type: Article
Additional Information: This is an Accepted Manuscript of an article published by Taylor & Francis in Commonwealth and Comparative Politics on 2017, available online:
Keywords: courts, social policy, constitutionalism, rights, collective action, popular agency
Schools/Departments: University of Nottingham, UK > Faculty of Social Sciences > School of Politics and International Relations
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Depositing User: Eprints, Support
Date Deposited: 03 May 2017 09:46
Last Modified: 04 May 2020 18:50

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