Engaging with Social Rights: Procedure, Participation and Democracy in South Africa's Second Wave

ISBN-13: 9781108446174 / Angielski / Miękka / 2018 / 393 str.

Brian Ray

Opis

A new and comprehensive account of the South African Constitutional Court's social rights decisions.

Recenzje

'The South African Constitutional Court has received international acclaim for enforcing socio-economic rights provisions in their Constitution. Brian Ray's impressive, well-written, and learned book examines those cases and various views (criticisms and defenses) as well as the Court's most recent 'second wave' of such cases. He proposes novel and sophisticated theories on how the Court should handle competing concerns such as separation of powers, the incredible poverty the nation faces, and various political considerations. This book is essential reading for all those who wish to keep up with the latest developments in the socio-economic rights area.' Mark Kende, Director, Drake University Constitutional Law Center

Spis treści

1. Introduction; Part I. Justiciability and the First Wave: 2. The justiciability debate and the new constitution; 3. The first wave cases; 4. A 'curious divergence'; Part II. Procedure and the Second Wave: 5. The second-wave cases; 6. Evictions and education; 7. Patterns and possibilities in the second wave; Part III. Procedure's Potential: 8. The eviction model; 9. Democratic engagement; 10. Conclusion: real rights.