Journals Higher Education

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Published: 12 September 2019 (Estimated)

424 Pages

ISBN: 9780199494286


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The Right to Education in India

The Importance of Enforceability of a Fundamental Right

Florian Matthey-Prakash

  • The first book to raise the question of the purpose of Article 21A, the only socio-economic right in the Constitution.
  • Argues that Article 21A's meaning is not merely political, but that it creates concrete obligations for the State.
  • Draws conclusions from international law as well as comparative law to identify these legal obligations.
  • Answers question in a way that is relevant to other socio-economic rights that are not part of the constitutional text.
  • Provides a unique interdisciplinary approach, dealing with constitutional law, education, and access to justice.
  • Offers suggestions on how implementation of the Right to Education Act may be brought forward through a bottom-up approach, rather than the top-down approach that has been receiving much more attention.
  • Explains why Public Interest Litigation is not sufficient to legally empower the poor, but explains how it can be powerful for policy issues.
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