Socio Economic Rights - Adjudication Under a Transformative Constitution1st Edition,
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: |
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
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