Socio-Economic Rights: Adjudication Under a Transformative Constitution

Product Details:
Author(s):
Year Published:
2010
Edition
1st Edition
Type:
Print | Soft Cover
Language:
English
About this publication
This book features a comprehensive analysis of the socio-economic rights jurisprudence of the newly democratic South Africa, including relevant international and comparative law. It deals with key concepts in socio-economic rights such as separation of powers and reasonableness review, with perspectives from political philosophy and democratic theory as well as the role of socio-economic rights in private law and appropriate remedies for socio-economic rights violations. Further, it proposes how the judicial interpretation and enforcement of socio-economic rights can be developed to be more responsive to the conditions of systemic poverty and inequality characterising South African society.
Content
Foreword by Karl Klare and Lucy Williams
Preface
The struggle for recognition: Including socio-economic rights in the Constitution – an historical overview
A transformative jurisprudence on socio-economic rights
Socio-economic rights in the context of the Bill of Rights
Reconceiving reasonableness review: Sections 26 and 27
Children, education, persons deprived of  liberty: Sections 28(1) (c), 29 and 35(2)(e)
A new paradigm for evictions law: Section 26(3)
Socio-economic rights in private law
Responsive remedies
Postscript
Conclusion
Appendix 1: Chapter 2 of the 1996 Constitution
Bibliography
Table of Cases
Table of Legislation
Subject Index
Interest / Benefit to
Academics  
Judges and magistrates
Attorneys and advocates specialising in socio-economic rights litigation
Government departments
NGOs
Anyone interested in socio-economic rights theory and jurisprudence
Anyone interested in legal tools for social transformation and justice