Full Read and Download Reference eBook
Constitutional Deference Courts And Socio Economic Rights In South Africa Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of Constitutional Deference Courts And Socio Economic Rights In South Africa book. This book definitely worth reading, it is an incredibly well-written.
Author : Kirsty McLean
Publisher : PULP
Page : 255 pages
File Size : 36,96 MB
Release : 2009
Category : Civil rights
ISBN : 0981412483
Constitutional Deference, Courts and Socio-Economic Rights in South Africaby Kirsty McLean2009ISBN: 978-0-9814124-8-1Pages: viii 246Print version: AvailableElectronic version: Free PDF available.
Author : Kirsty McLean
Publisher : Pretoria University Law Press
Page : 246 pages
File Size : 29,28 MB
Release : 2009
Category : Civil rights
ISBN :
Author : Christopher Mbazira
Publisher : PULP
Page : 283 pages
File Size : 47,76 MB
Release : 2009
Category : Distributive justice
ISBN : 0981412475
Litigating Socio-Economic Rights in South Africa: A choice between corrective and distributive justiceby Christopher Mbazira2009ISBN: 978-0-9814124-7-4Pages: viii 273Print version: AvailableElectronic version: Free PDF available.
Author : Rosalind Dixon
Publisher : Cambridge University Press
Page : 471 pages
File Size : 46,55 MB
Release : 2018-04-19
Category : History
ISBN : 1108415334
Evaluates the successes and failures of the 1996 South African Constitution following the twentieth anniversary of its enactment.
Author : Sandra Liebenberg
Publisher : Juta and Company Ltd
Page : 488 pages
File Size : 35,63 MB
Release : 2012
Category : Constitutional law
ISBN : 9780702194450
"Law and Poverty: Perspectives from South Africa and Beyond" is a collection of essays by leading South African and international experts, as well as emerging young scholars. The collection focuses on key theoretical and strategic questions concerning the relationship between law and systemic poverty. The essays were first presented at a colloquium on Law and Poverty organised by the Stellenbosch Law Faculty, which took place from 29 to 31 May 2011. The range and richness of the essays illuminate the multifaceted nature and causes of poverty, as well as the possibility and limits of law in responding to the social injustice which poverty represents. By engaging with these questions, the book aims to deepen critical reflection and debate on law's ability to respond effectively to social and economic marginalisation. "The substantive content of law is influenced by how lawyers conceive and frame cases, by what theories we choose to advance, and what understanding of the legal process and the scope of judicial review we offer to the courts. Working on these questions is at best a modest contribution towards establishing a just society. But, as the learning, insight, imagination and intellectual daring on display in this collection of essays reveals, it is a contribution that should concern all those interested in the interrelationship between law and social justice." Prof Karl Klare, George J and Kathleen Waters Matthews Distinguished University Professor, Northeastern University School of Law The collection was edited by Sandra Liebenberg, HF Oppenheimer Chair in Human Rights Law at the University of Stellenbosch Law Faculty, and Geo Quinot, Professor of Law at Stellenbosch Law Faculty and Editor of the "Stellenbosch Law Review". Professors Liebenberg and Quinot co-direct a newly formed research and postgraduate training project on Socio-Economic Rights and Administrative Justice (SERAJ) based at the Stellenbosch Law Faculty.
Author : Rosalind Dixon
Publisher :
Page : 38 pages
File Size : 21,16 MB
Release : 2013
Category : Judicial review
ISBN :
"The political origins of various civil and political rights have been clearly theorized by Tom Ginsburg and others in work on the "insurance-based" function of judicial review in new democracies. To date, however, there has been relatively little work on the political origins of socioeconomic or second generation rights, such as rights to housing or health-care. The essay attempts to fill this gap, by expanding existing insurance-based theories to account for the potential insurance swap-based function of such rights for left-wing parties to constitutional negotiations, when making concessions on the scope of a property rights clause. Such an account, the essay suggests, fits closely with the actual drafting of ss. 25-29 of the 1996 South African Constitution, and thus also has potential implications for the interpretation of such provisions by the South African Constitutional Court. From an originalist perspective, at least, it suggests that in cases involving a potential conflict between property and other socioeconomic rights, courts should attempt to balance the two sets of rights in as context-sensitive a way as possible, and in other cases, to attempt to preserve scope for such an approach, by reasoning narrowly, or avoiding broad statements in favor of either a highly deferential or expansive approach to the definition of such rights. This also accords surprisingly well, the essay suggests, with the actual approach of the South African Constitutional Court in various cases decided in the 2010 Term on socioeconomic rights, such as Musjid, Abhali, Gudwana, as well as in many earlier cases."
Author : Brian Ray
Publisher : Cambridge University Press
Page : 395 pages
File Size : 43,70 MB
Release : 2016-04-21
Category : Law
ISBN : 1107029457
With a new and comprehensive account of the South African Constitutional Court's social rights decisions, Brian Ray argues that the Court's procedural enforcement approach has had significant but underappreciated effects on law and policy, and challenges the view that a stronger substantive standard of review is necessary to realize these rights. Drawing connections between the Court's widely acclaimed early decisions and the more recent second-wave cases, Ray explains that the Court has responded to the democratic legitimacy and institutional competence concerns that consistently constrain it by developing doctrines and remedial techniques that enable activists, civil society and local communities to press directly for rights-protective policies through structured, court-managed engagement processes. Engaging with Social Rights shows how those tools could be developed to make state institutions responsive to the needs of poor communities by giving those communities and their advocates consistent access to policy-making and planning processes.
Author : Danie Brand
Publisher : PULP
Page : 325 pages
File Size : 16,33 MB
Release : 2005
Category : Law
ISBN : 062034086X
Author : Michael Bishop
Publisher :
Page : 1184 pages
File Size : 50,44 MB
Release : 2022
Category : LAW
ISBN : 9780823292837
Since the Second World War, dignity has increasingly been recognized as an important moral and legal value. Although important examples of dignity-based arguments can be found in western European and North American case law and legal theory, the dignity jurisprudence of the Constitutional Court of South African is widely considered to be the most sweeping in the world. In part, this is related to the unique provisions of the South African Constitution in areas such as socioeconomic rights and allowing dignity to be taken into the sphere of economic justice as well as that of human rights. This book brings together the first sixteen years of constitutional jurisprudence addressing the meaning, role, and reach of dignity in the law of South Africa as a multiracial democracy. The case law is coupled with analysis from a range of selected contributors. The book will therefore be a crucial source for anyone seeking to evaluate dignity, whether in law or in human life more broadly.
Author : James Fowkes
Publisher : Cambridge University Press
Page : pages
File Size : 23,3 MB
Release : 2016-12-15
Category : Law
ISBN : 1316867412
This revisionary perspective on South Africa's celebrated Constitutional Court draws on historical and empirical sources alongside conventional legal analysis to show how support from the African National Congress (ANC) government and other political actors has underpinned the Court's landmark cases, which are often applauded too narrowly as merely judicial achievements. Standard accounts see the Court as overseer of a negotiated constitutional compromise and as the looked-to guardian of that constitution against the rising threat of the ANC. However, in reality South African successes have been built on broader and more admirable constitutional politics to a degree no previous account has described or acknowledged. The Court has responded to this context with a substantially consistent but widely misunderstood pattern of deference and intervention. Although a work in progress, this institutional self-understanding represents a powerful effort by an emerging court, as one constitutionally serious actor among others, to build a constitution.