Socio-Economic Rights - Adjudication Under a Transformative Constitution


Available
    Edition: 1st Edition
  • Format: Soft Cover
  • ISBN: 9780702184802
  • Language(s): English
  • Extent: 565 Pages
  • Published:
  • Category: Constitutional Law

R1,059.00



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

  • 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

This product does not have any reviews yet - be the first to write one.

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

  • 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

This product does not have any reviews yet - be the first to write one.


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