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

Title

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

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From the Publisher:

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.

  • Presents a distinctive view of the Court's decisions and how they should be understood in light of the general debate over the justiciability of social rights
  • Uses this detailed analysis of the Court's decisions to argue that procedural enforcement approaches can and have been effective in instigating meaningful legal and policy changes
  • Analyzes the Court's decisions in light of historical, social and political factors in South Africa

ISBN

9781107029453

Publication Date

4-2016

Publisher

Cambridge University Press

City

Cambridge

Keywords

South Africa, social rights

Disciplines

International Law | Law

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

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