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Drawing on a wide range of interdisciplinary resources, this scholarly work provides an in-depth and thorough analysis of the socio-economic rights jurisprudence of the newly democratic South Africa. The book explores how the judicial interpretation and enforcement of socio-economic rights can be more responsive to the conditions of systemic poverty and inequality characterising South African society. Based on meticulous research, the work marries legal analysis with perspectives from political philosophy and democratic theory.
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.
Captures significant transformations in the theory and practice of economic and social rights in constitutional and human rights law.
The book is the most comprehensive in its area and analyses many jurisdictions that have received little attention.
This book critically examines models of domestic, regional and international judicial protection of economic, cultural and social rights in Africa.
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.
An International Expert Workshop on the Right to Social Security was held in April 2005 at the German Institute for Human Rights, whose purpose was to highlight specific issues of the right to social security which should be addressed by the Committee when drafting a General Comment on article 9. The results of this workshop are published in this volume providing an insight into the current challenges on social security as a human right.
"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...
In Human Rights and The Transformation of Property, leading human rights lawyer Stuart Wilson develops a novel theory of how law leads to social change and what the prospects are for South Africa's Constitution to shape a more just distribution of property. Wilson questions long-held beliefs about the nature of land reform and the appropriateness of the concept of ownership as a way of organising access to land and property in South Africa. The book gives an overview of key aspects of constitutional and common law property rights - including the rights of ownership, possession and eviction; the rights associated with leases and mortgages; the National Credit Act; and the PIE Act - and discus...
Twenty years on from South Africa's first democratic election, the post-apartheid political order is more fractured, and more fractious, than ever before. Police violence seems the order of the day – whether in response to a protest in Ficksburg or a public meeting outside a mine in Marikana. For many, this has signalled the end of the South African dream. Politics, they declare, is the preserve of the corrupt, the self-interested, the incompetent and the violent. They are wrong. Julian Brown argues that a new kind of politics can be seen on the streets and in the courtrooms of the country. This politics is made by a new kind of citizen – one that is neither respectful nor passive, but instead insurgent. The collapse of the dream of a consensus politics is not a cause for despair. South Africa's political order is fractured, and in its cracks new forms of activity, new leaders and new movements are emerging.