The limits of prescription: courts and social policy in India and South Africa
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 o...
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| Format: | Article |
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Taylor and Francis
2017
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| Online Access: | https://eprints.nottingham.ac.uk/42471/ |
| _version_ | 1848796493943668736 |
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| author | Friedman, Steven Maiorano, Diego |
| author_facet | Friedman, Steven Maiorano, Diego |
| author_sort | Friedman, Steven |
| building | Nottingham Research Data Repository |
| collection | Online Access |
| description | 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. |
| first_indexed | 2025-11-14T19:48:52Z |
| format | Article |
| id | nottingham-42471 |
| institution | University of Nottingham Malaysia Campus |
| institution_category | Local University |
| last_indexed | 2025-11-14T19:48:52Z |
| publishDate | 2017 |
| publisher | Taylor and Francis |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | nottingham-424712020-05-04T18:50:32Z https://eprints.nottingham.ac.uk/42471/ The limits of prescription: courts and social policy in India and South Africa Friedman, Steven Maiorano, Diego 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. Taylor and Francis 2017-06-16 Article PeerReviewed 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 courts social policy constitutionalism rights collective action popular agency http://www.tandfonline.com/doi/full/10.1080/14662043.2017.1327098 doi:10.1080/14662043.2017.1327098 doi:10.1080/14662043.2017.1327098 |
| spellingShingle | courts social policy constitutionalism rights collective action popular agency Friedman, Steven Maiorano, Diego The limits of prescription: courts and social policy in India and South Africa |
| title | The limits of prescription: courts and social policy in India and South Africa |
| title_full | The limits of prescription: courts and social policy in India and South Africa |
| title_fullStr | The limits of prescription: courts and social policy in India and South Africa |
| title_full_unstemmed | The limits of prescription: courts and social policy in India and South Africa |
| title_short | The limits of prescription: courts and social policy in India and South Africa |
| title_sort | limits of prescription: courts and social policy in india and south africa |
| topic | courts social policy constitutionalism rights collective action popular agency |
| url | https://eprints.nottingham.ac.uk/42471/ https://eprints.nottingham.ac.uk/42471/ https://eprints.nottingham.ac.uk/42471/ |