Socio-economic rights : adjudication under a transformative constitution

著者

    • Liebenberg, Sandra

書誌事項

Socio-economic rights : adjudication under a transformative constitution

Sandra Liebenberg

Juta, 2010

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注記

Includes bibliographical references (p. 522-539) and index

内容説明・目次

内容説明

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. Cautioning against a traditional, formalistic conception of rights and the separation of powers doctrine, the author develops a nuanced conception of substantive reasonableness review in the context of socio-economic rights. She further argues for a reconstruction of private law doctrines in the light of the normative purposes and values promoted by socio-economic rights. This book is up-to-date, including detailed evaluation and critique of the most recent socio-economic rights judgments. It is set to have an impact on debates about courts and socio-economic rights not only in South Africa, but everywhere else where its topic has attracted interest.

目次

  • Foreword
  • 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
  • Table of Cases
  • Table of Legislation
  • Subject Index.

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