Chapter

Transforming Social Rights

Shylashri Shankar

in Scaling Justice

Published in print February 2009 | ISBN: 9780195693201
Published online October 2012 | e-ISBN: 9780199081998 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780195693201.003.0006
Transforming Social Rights

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This chapter presents a probit analysis of health and education cases. It is noted that after the Emergency, judges were sharp to use social rights to improve the institutional prestige of the courts, but a decade later the courts did not need to do so and reverted to seeing affordability of the state as a key criteria for delivering social rights judgments. The actions of the judges cohered with the goals of the ruling regime, showing that judges were unwilling to clash with the executive. The data on the conservatism of post-1993 judges challenges theories that independent judiciaries would be activist, and that weak governing coalitions would develop more activism. The trend towards conservatism by the Supreme Court after 1993 suggests that the majority of Supreme Court judges chose to issue rulings that were more conservative during their stints in the higher judiciary.

Keywords: health; education; probit analysis; social rights; judges; Supreme Court; conservatism; judiciary

Chapter.  13441 words.  Illustrated.

Subjects: Human Rights and Immigration

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