TO ADJUDICATE AND ENFORCE SOCIO-ECONOMIC RIGHTS: SOUTH AFRICA PROVES THAT DOMESTIC COURTS ARE A VIABLE OPTION

  • Mariette Brennan

Abstract

Historically, the development of socio-economic rights has lagged behind their civil and political counterparts. In recent years, this has started to change. This paper examines the South African courts’ approach to the adjudication and enforcement of socioeconomic rights. It is argued, that although the approach is not devoid of criticism, it assuages the fears typically associated with socio-economic rights adjudication and enforcement. The South African decisions clearly demonstrate that a national judiciary can have an important role in the enforcement of socio-economic rights.

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Published
Jun 30, 2009
How to Cite
BRENNAN, Mariette. TO ADJUDICATE AND ENFORCE SOCIO-ECONOMIC RIGHTS: SOUTH AFRICA PROVES THAT DOMESTIC COURTS ARE A VIABLE OPTION. QUT Law Review, [S.l.], v. 9, n. 1, p. 64-84, june 2009. ISSN 2201-7275. Available at: <https://lr.law.qut.edu.au/article/view/42>. Date accessed: 21 apr. 2019. doi: https://doi.org/10.5204/qutlr.v9i1.42.
Section
Emerging Scholars' Section
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