[PDF] Litigating Socio Economic Rights In South Africa eBook

Author : Christopher Mbazira
Publisher : PULP
Page : 283 pages
File Size : 44,9 MB
Release : 2009
Category : Distributive justice
ISBN : 0981412475

GET BOOK

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 : Malcolm Langford
Publisher : Cambridge University Press
Page : 487 pages
File Size : 30,85 MB
Release : 2014
Category : Business & Economics
ISBN : 1107021146

GET BOOK

This book sets out to assess the role and impact of socio-economic strategies used by civil society actors in South Africa. Focusing on a range of socio-economic rights and national trends in law and political economy, the book's authors show how socio-economic rights have influenced the development of civil society discourse and action.

Author : Marius Pieterse
Publisher : PULP
Page : 198 pages
File Size : 29,53 MB
Release : 2014-08-01
Category : Civil rights
ISBN : 1920538275

GET BOOK

Can rights cure? At a time when South Africa’s ailing and dysfunctional health system is on the verge of radical transformation through the mooted introduction of a National Health Insurance scheme, and when there are increasing political tensions between government and the courts, this book reflects upon the South African experience of judicially enforcing health-related constitutional rights. It attempts to understand the ways in which rights-based litigation has impacted on the operation and transformation of different features of the health system, including the formulation and implementation of health laws and policies, processes of health resource allocation and rationing, the regulation of health care delivery in the private sector, and the promotion and protection of public health.

Author : Rosalind Dixon
Publisher : Cambridge University Press
Page : 471 pages
File Size : 11,72 MB
Release : 2018-04-19
Category : History
ISBN : 1108415334

GET BOOK

Evaluates the successes and failures of the 1996 South African Constitution following the twentieth anniversary of its enactment.

Author : Ebenezer Durojaye
Publisher : Routledge
Page : 289 pages
File Size : 26,59 MB
Release : 2016-03-09
Category : Medical
ISBN : 1317104250

GET BOOK

Health rights litigation is still an emerging phenomenon in Africa, despite the constitutions of many African countries having provisions to advance the right to health. Litigation can provide a powerful tool not only to hold governments accountable for failure to realise the right to health, but also to empower the people to seek redress for the violation of this essential right. With contributions from activists and scholars across Africa, the collection includes a diverse range of case studies throughout the region, demonstrating that even in jurisdictions where the right to health has not been explicitly guaranteed, attempts have been made to litigate on this right. The collection focusses on understanding the legal framework for the recognition of the right to health, the challenges people encounter in litigating health rights issues and prospects of litigating future health rights cases in Africa. The book also takes a comparative approach to litigating the right to health before regional human rights bodies. This book will be valuable reading to scholars, researchers, policymakers, activists and students interested in the right to health.

Author : Brian Ray
Publisher : Cambridge University Press
Page : 395 pages
File Size : 14,92 MB
Release : 2016-04-21
Category : Law
ISBN : 1107029457

GET BOOK

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 : Peris Jones
Publisher : BRILL
Page : 301 pages
File Size : 13,1 MB
Release : 2005-11-01
Category : Law
ISBN : 9047415736

GET BOOK

What are the prospects and means of achieving development through a democratic politics of socio-economic rights? Starting from the position that socio-economic rights are as legally and normatively valid as civil and political rights, this anthology explores the politics of acquiring and transforming socio-economic rights in South Africa. The book brings together an interdisciplinary group of leading scholars in an examination of the multifaceted politics of social and economic policy-making, rights-based political struggles and socio-economic rights litigations. The post-apartheid South African experience shows that there is no guarantee that democracy will eliminate poverty or reduce social inequality, but also that democratic institutions and politics may provide important means for asserting interests and rights in regard to development. Thus it is argued that democratic politics of socio-economic rights may democratise development while also developing democracy.