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Review of Implementation of Constitutional Court Decisions on Socio-Economic Rights

This report analyses and reviews the Constitutional Court (Court) jurisprudence since the coming into force of the 1996 South African Constitution (Constitution) on 4th February 1997.

Author : Dr Khulekani Moyo

Publication Date : 2013-05-31 00:00:00

Category : Papers and Submissions


Review of Implementation of Constitutional Court Decisions on Socio-Economic Rights

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The various socio-economic rights in the Bill of Rights have presented South African courts with an opportunity to develop South Africa’s legal system to be responsive to poverty in society. This report focuses on the Court’s jurisprudence emanating from the socio-economic rights entrenched in the Constitution.

The Constitution is one of the few national constitutions that are expressly committed towards the judicial enforcement of socio-economic rights. The Constitution not only explicitly incorporates a broad range of socio-economic rights - it also provides for these rights to be subjected to the same forms of judicial adjudication, protection and remedies available in respect of civil and political rights enshrined in the Bill of Rights. The report will consider the role the Court has forged for itself in interpreting and enforcing these rights through a discussion and analysis of the relevant case law.