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Socio Economic Rights - Adjudication Under a Transformative Constitution - Elex Academic Bookstore

Socio Economic Rights - Adjudication Under a Transformative Constitution1st Edition,

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Product Details:

Author(s): Unknown Author
Page count: 565
ISBN: 9780702184802
Languages(s): English,
Year Published: 2010
Categories: Constitutional and Administrative Law, Law, L
Type: Print

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.


  • 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

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