Nolan, Aoife: Children's Socio-Economic Rights, Democracy and the Courts

Aoife Nolan's important book uses constitutional and democratic theory, human rights, and case law from a variety of jurisdictions to show how the courts can and should give effect to children's socio-economic rights. Constituting a major contribution to scholarship, it is the first book to examine together children's socio-economic rights; children as democratic citizens; the implications of children's rights for democratic constitutional theory; the role of courts in ensuring the enforcement of children's rights and the debates surrounding the litigation and adjudication of socio-economic rights. 'Children's rights were often thought to be synonymous with economic and social welfare prior to the adoption of the Convention on the Rights of the Child in 1989. Ironically, since that time, remarkably little scholarship has been devoted to the vitally important economic and social rights dimensions of children's rights. Nolan's book singlehandedly remedies that neglect and does so in a sophisticated, nuanced and balanced way. It provides a superb account of the pros and cons of judicial activism in promoting these rights.' Philip Alston, John Norton Pomeroy Professor, NYU Law School Winner of the Kevin Boyle Book Prize 2012 for Outstanding Legal Scholarship

Aoife Nolan addresses a crucial and underdeveloped topic in the literature of human rights law: the socio-economic rights of children...In order to support the claim that the courts are not only able but obligated to enforce child socio-economic rights, Nolan provides a thorough analysis of liberal democratic theory, the role of children in democracy, the judiciary's role as guardian of rights, the institutional capacity of the courts to enforce the socio-economic rights, and the implementation of rights-related court decisions. The book is a necessary analysis of the efficacy and legitimacy of judicial action in favour of child rights. Nolan advocates for the implementation of a rights-based response to child poverty, a crucial driver of poor overall health, and in doing so provides a powerful contribution to health and human rights scholarship.