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

Friedman, Steven; Maiorano, Diego

Abstract

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.

Citation

Friedman, S., & Maiorano, D. (2017). The limits of prescription: courts and social policy in India and South Africa. Commonwealth and Comparative Politics, 55(3), 353-376. https://doi.org/10.1080/14662043.2017.1327098

• Journal Article Type: Article
• Acceptance Date: Apr 20, 2017
• Online Publication Date: Jun 16, 2017
• Publication Date: Jun 16, 2017
• Deposit Date: May 3, 2017
• Publicly Available Date: Dec 17, 2018
• Journal: Commonwealth and Comparative Politics
• Print ISSN: 1466-2043
• Electronic ISSN: 1743-9094
• Publisher: Taylor and Francis
• Peer Reviewed: Peer Reviewed
• Volume: 55
• Issue: 3
• Pages: 353-376
• DOI: https://doi.org/10.1080/14662043.2017.1327098
• Keywords: courts, social policy, constitutionalism, rights, collective action, popular agency
• Public URL: https://nottingham-repository.worktribe.com/output/866557
• Publisher URL: http://www.tandfonline.com/doi/full/10.1080/14662043.2017.1327098
• Additional Information: This is an Accepted Manuscript of an article published by Taylor & Francis in Commonwealth and Comparative Politics on 2017, available online: http://www.tandfonline.com/10.1080/14662043.2017.1327098