Download or read book Constitutional Deference Courts and Socio economic Rights in South Africa written by Kirsty McLean and published by PULP. This book was released on 2009 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Constitutional Deference Courts and Socio economic Rights in South Africa written by Kirsty McLean and published by Pretoria University Law Press. This book was released on 2009 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Litigating Socio economic Rights in South Africa written by Christopher Mbazira and published by PULP. This book was released on 2009 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Socio economic Rights in South Africa written by Danie Brand and published by PULP. This book was released on 2005 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Socio economic Rights written by Sandra Liebenberg and published by Juta and Company Ltd. This book was released on 2010 with total page 572 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Law and Poverty written by Sandra Liebenberg and published by Juta and Company Ltd. This book was released on 2012 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.
Download or read book Constitutional Triumphs Constitutional Disappointments written by Rosalind Dixon and published by Cambridge University Press. This book was released on 2018-04-19 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: Evaluates the successes and failures of the 1996 South African Constitution following the twentieth anniversary of its enactment.
Download or read book Constitutional Conversations written by Michael Bishop (Lawyer) and published by PULP. This book was released on 2008 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Human dignity and fundamental rights in South Africa and Ireland written by Anne Hughes and published by PULP. This book was released on 2014-04-11 with total page 659 pages. Available in PDF, EPUB and Kindle. Book excerpt: Post-apartheid South Africa has yielded enlightened judicial decisions in contrast to the limited interpretation of human rights in Ireland. The value of human dignity with its central position in international law underpins both countries’ Constitutions, but has left a more striking mark in South Africa. There it has impacted significantly on punishment for crimes, family life, children’s rights, defamation, sexual violence investigations, substantive equality and socio-economic rights. Practical guidance can be gleaned from South Africa to revitalise Irish jurisprudence. While its focus is on South Africa and Ireland, this book draws on the experience of many countries and regions.
Download or read book Can rights cure The impact of human rights litigation on South Africa s health system written by Marius Pieterse and published by PULP. This book was released on 2014-08-01 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Constitutional Rights in Two Worlds written by Mark S. Kende and published by Cambridge University Press. This book was released on 2009-03-02 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the South African Constitutional Court to determine how it has functioned during the nation's transition.
Download or read book The Dignity Jurisprudence of the Constitutional Court of South Africa written by Michael Bishop and published by . This book was released on 2022 with total page 1184 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Engaging with Social Rights written by Brian Ray and published by Cambridge University Press. This book was released on 2016-04-21 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Rights and Democracy written by Henk Botha and published by AFRICAN SUN MeDIA. This book was released on 2004-01-01 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: The twelve essays in this book pay tribute to senior Harvard law professor Frank Michelman whose thinking ? and input ? on Constitutional Law has made a great contribution to constitutional development in South Africa. These essays are the work of some of the best practical and academic legal minds in this country and, given South Africa?s recent successes in this field, represent an advanced position in constitutional thinking in the world.
Download or read book Socio economic Rights in the South African Constitution written by Mandla Seleoane and published by HSRC Press. This book was released on 2001 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication will assist researchers, students and the public in their understanding of socio-economic rights.
Download or read book Constitutional Rights in Two Worlds South Africa and the United States written by Mark Kende and published by . This book was released on 2014 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt: The South African Constitutional Court has issued internationally prominent decisions abolishing the death penalty, enforcing socioeconomic rights, allowing gay marriage, and promoting equality. These decisions are striking given the country's apartheid past and the absence of a grand human rights tradition. By contrast, the U.S. Supreme Court has generally ruled more conservatively on similar questions. This book examines the Constitutional Court in detail to determine how it has functioned during South Africa's transition and compares its rulings to those of the U.S. Supreme Court on similar rights issues. The book also analyzes the scholarly debate about the Constitutional Court taking place in South Africa. It furthermore addresses the arguments of those international scholars who have suggested that constitutional courts do not generally bring about social change. In the end, the book highlights a transformative pragmatic method of constitutional interpretation - a method the U.S. Supreme Court could employ.
Download or read book Comparative Constitutional Law written by Mark S. Kende and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Harvard Law Professor Cass Sunstein has said that South Africa has "the most admirable constitution in the history of the world." This comparative constitutional law casebook is unique because it allows students and experts in U.S. constitutional law (or other nations) to compare their approach with modern South African constitutionalism. The transformative and progressive South African Constitution adopts the most successful parts of existing parliamentary constitutions, while honoring the nation's African heritage. Further, it incorporates numerous international human rights such as socio-economic and environmental rights. The book's South African focus guarantees readers will grasp the contingency and social context of a foreign constitutional court's decisions, rather than primarily surveying cases from numerous other nations. Yet the introductory chapter also provides background on South Africa, and then exposes readers to key theoretical questions about comparativism. Moreover, that chapter briefly describes seven other constitutional democracies where the courts play important but different roles than in South Africa. These nations provide further context for the strong judicial review exercised by the South African Constitutional Court. Indeed, excerpts from that Court's decisions make up most of the core second chapter. The core chapter also contains questions about the reasoning of each South African case, as well as how that case compares to a single foreign case on the same topic. The book is suitable for law students, as well as other graduate and undergraduate students. In addition, the book is the first condensed version of South African constitutional case law published in the U.S. Thus, it functions as a research collection for experts, as well as a casebook.
