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

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.