Product Description
Socio-Economic Rights
Author: S Liebenberg
Format: Physical Hardcopy
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.
Contents:
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Foreword by Karl Klare and Lucy Williams
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Preface
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The struggle for recognition: Including socio-economic rights in the Constitution – an historical overview
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A transformative jurisprudence on socio-economic rights
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Socio-economic rights in the context of the Bill of Rights
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Reconceiving reasonableness review: Sections 26 and 27
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Children, education, persons deprived of liberty: Sections 28(1) (c), 29 and 35(2)(e)
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A new paradigm for evictions law: Section 26(3)
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Socio-economic rights in private law
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Responsive remedies
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Postscript
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Conclusion
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Appendix 1: Chapter 2 of the 1996 Constitution
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Bibliography
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Table of Cases
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Table of Legislation
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Subject Index
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