Courts and Social Transformation in New Democracies : An Institutional Voice for the Poor?

Using case studies drawn from Latin America, Africa, India and Eastern Europe, this volume examines the role of courts as a channel for social transformation for excluded sectors of society in contemporary democracies. With a focus on social rights litigation in post-authoritarian regimes or in the context of fragile state control, the authors assess the role of judicial processes in altering (or perpetuating) social and economic inequalities and power relations in society. Drawing on interdisciplinary expertise in the fields of law, political theory, and political science, the chapters address theoretical debates and present empirical case studies to examine recent trends in social rights litigation. Chapters include: 'Theories of Democracy, the Judiciary and Social Rights', 'Courts and Social Transformation: An Analytical Framework', 'Courts and Social Transformation in India', 'Judicial Enforcement and Social Rights: Perspectives from Latin America' and 'Weak Courts, Rights and Legal Mobilisation in Bolivia'