Chapter

The Governance Function of Economic and Social Rights

Katharine G. Young

in Constituting Economic and Social Rights

Published in print August 2012 | ISBN: 9780199641932
Published online September 2012 | e-ISBN: 9780191746086 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199641932.003.0009

Series: Oxford Constitutional Theory

The Governance Function of Economic and Social Rights

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This chapter draws on governance theory to examine how the discourse of economic and social rights links different governmental and non-governmental actors. A case study of the Treatment Action Campaign in South Africa illuminates the links between networks of movements, different branches of government, experts, scientists, pharmaceutical companies, doctors, nurses, lawyers, organizers, churches and provincial leaders, and people living with HIV and those supporting them, in relation to the constitutional right to access health care. Experimentalist governance prescribes new resources with which to coordinate the state, market and civil society, to destabilize presently obstructive public arrangements, and to make use of the efficiency of the market. All are important for the institutionalization of economic and social rights. Yet because of representation problems, located in the stakeholders, power dynamics and discourse of new governance, the chapter argues that this perspective is a complementary instantiation to the broader, and more anchored, precepts of constitutionalism.

Keywords: governance; treatment action campaign; constitutionalism; experimentalism; coordination; destabilization; stakeholders; market; South Africa

Chapter.  13814 words. 

Subjects: Constitutional and Administrative Law

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