Book contents
- Trust, Courts and Social Rights
- Cambridge Studies in Constitutional Law
- Trust, Courts and Social Rights
- Copyright page
- Contents
- Acknowledgements
- Table of Cases
- 1 Introduction
- 2 Conceptualising Trust in the Social Rights Context
- 3 The Citizen–Government Relationship in a Network of Trust Relationships
- 4 A Trust-Based Framework for Enforcing Social Rights?
- 5 The Expectation of Goodwill
- 6 The Expectation of Competence
- 7 The Expectation of Fiduciary Responsibility
- 8 Conclusion
- Bibliography
- Index
- Cambridge Studies in Constitutional Law
5 - The Expectation of Goodwill
Published online by Cambridge University Press: 08 February 2024
- Trust, Courts and Social Rights
- Cambridge Studies in Constitutional Law
- Trust, Courts and Social Rights
- Copyright page
- Contents
- Acknowledgements
- Table of Cases
- 1 Introduction
- 2 Conceptualising Trust in the Social Rights Context
- 3 The Citizen–Government Relationship in a Network of Trust Relationships
- 4 A Trust-Based Framework for Enforcing Social Rights?
- 5 The Expectation of Goodwill
- 6 The Expectation of Competence
- 7 The Expectation of Fiduciary Responsibility
- 8 Conclusion
- Bibliography
- Index
- Cambridge Studies in Constitutional Law
Summary
This chapter addresses, as a first component of the proposed framework, the first constituent expectation of trust in the citizen-government relationship: goodwill. It defines the expectation as consisting of two sub-expectations: an expectation of procedural fairness – which includes elements of transparency, citizen participation and respect for citizens’ right to equality – and an ‘expectation of good intentions’, which translates into an expectation that the elected branches’ staff will not act intransigently in exercising their control over social goods and services. The chapter also details how the courts can enforce the expectation. It explains that for this component, the courts, first, demand a fair decision-making procedure from the elected branches, and, secondly, respond to government intransigence by escalating to progressively less trusting judicial interventions. The chapter uses cases from various jurisdictions, including Canada, Colombia, Germany, Kenya, South Africa and the UK, to illustrate.
Keywords
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- Trust, Courts and Social RightsA Trust-Based Framework for Social Rights Enforcement, pp. 127 - 166Publisher: Cambridge University PressPrint publication year: 2024