Lucy A. Williams
Northeastern University
Publications 21
#1Lucy A. WilliamsH-Index: 5
A growing number of constitutions guarantee judicially enforceable social and economic rights (SER). This book chapter examines whether courts, when asked by claimants to give positive effect to such rights, consider and take into account limitations on national resources and constraints on the government’s budget. The chapter surveys 32 leading SER cases from eight jurisdictions: Argentina; Canada; Colombia; India; Venezuela; Germany; the United States; and South Africa. This pilot study reveal...
#1Lucy A. WilliamsH-Index: 5
This Article focuses on recent South African constitutional and statutory jurisprudence regarding the right to housing, and attempts to analyze both its transformative possibilities and its doctrinal limitations. The South African Constitutional Court’s housing rights jurisprudence is more developed than that regarding any other social and economic right contained in the South African Constitution, with eviction cases having been a particular focus of the Constitutional Court. I address three as...
#1Lucy A. WilliamsH-Index: 5
* Contents * 1. Introduction: Toward an Emerging International Poverty Law - Lucy Williams * 2. How Can Human Rights Contribute to Poverty Reduction? A Philosophical Assessment of the Human Development Report 2000- Asuncion Lera St. Clair * 3. Poverty as a Failure of Entitlement: Do Rights-Based Approaches make Sense? - Bas de Gaay Fortman * 4. Biodiversity vs. Biotechnology: An Economic and Environmental Struggle for Life - Margarita Gabriela Prieto-Acosta * 5. The Right To Food : The Significa...
9 Citations
#1Lucy A. Williams (NU: Northeastern University)H-Index: 5
This Symposium keynote address provides some broad reflections on administrative advocacy and the practice of administrative law in the representation of poor people. First, it sets administrative practice in a long-term historical context of poverty and disenfranchisement in the U.S. in order to understand the critical potential of the administrative forum as a tool for providing basic human needs. Second, it explores what can be learned from successful and unsuccessful efforts to create and ca...
#1Lucy A. Williams (NU: Northeastern University)H-Index: 5
A growing number of democratic constitutions entrench social and economic rights (SER), impose affirmative obligations on government to promote and fulfill such rights, and render SER judicially enforceable at least in some degree. This combination raises new and challenging questions regarding separation of powers and the relative institutional competence of legislatures and courts. This article explores two judgments, Hartz IV from the German Federal Constitutional Court and Mazibuko & Others ...
#1Lucy A. WilliamsH-Index: 5
This Paper attempts to provide a broad thematic framework for discussing critical and sometimes controversial issues in the field of law and poverty. Using gender as the lens through which to view a late 20th century version of social contract theory, the Paper discusses how blindness toward gender consequences of social policy and legal rules: (i) obscures the roots of poverty that are in part constructed by common law background legal rules of property, contract, tort, and family law; (ii) ind...
1 Citations
#1Lucy A. Williams (NU: Northeastern University)H-Index: 5
This paper uses the case of Mazibuko v. City of Johannesburg, as it was decided in the High Court of South Africa (Witwatersrand Local Division), as the basis of a discussion of judicial enforcement of social and economic rights, with special emphasis on the right of access to sufficient water. The paper compares the conditions of the black township residents who brought the lawsuit and residents of wealthier, white areas of Johannesburg and calls attention to trends in water policy in South Afr...
3 CitationsSource
This article gives a comparative examination of poverty reduction strategies in the United States and South Africa. Three questions frame the discussion: 1) Are individual legally enforceable entitlements to the benefits of social and economic rights, particularly social assistance benefits, an important or even necessary tool in fighting poverty and realising social and economic rights? 2) Should anti-poverty policy privilege wage work and family contributions? 3) In light of economic globalisa...
9 CitationsSource
#1Lucy A. WilliamsH-Index: 5
2 CitationsSource
#2Lucy A. WilliamsH-Index: 5
Last.Asbjorn KjonstadH-Index: 2
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