Needs, rights and transformation: adjudicating social rights
Date
2006-01
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Juta Law Publishing
Abstract
INTRODUCTION: One of the most contested issues in South Africa’s burgeoning
jurisprudence on social rights relates to how the courts should enforce
the duties imposed by these rights. Debate has focused in particular on
the extent to which the courts should affirm an enforceable right to the
provision of basic needs by those who lack access to these needs. In the
South African context, this is a plight affecting a substantial portion of
our population, and must also be contextualised within the high degree of
inequality existing in our society.1
This article explores the relationship between a jurisprudence of basic
needs and the transformative goals of the Constitution. The question that
interests me is whether a jurisprudence relating to the fulfilment of social
and economic needs can have transformative potential, and if so, under
what conditions. My aim is to examine how such a perspective can
inform the development of our socio-economic rights jurisprudence in a
way that supports a project of social transformation consistent with
constitutional values and rights.
Description
CITATION: Liebenberg, S. 2006. Needs, rights and transformation : adjudicating social rights. Stellenbosch Law Review = Stellenbosch Regstydskrif 17(1):5-36.
The original publication is available at https://journals.co.za/content/journal/ju_slr
The original publication is available at https://journals.co.za/content/journal/ju_slr
Keywords
Social change -- South Africa, Social rights -- Law and legislation -- South Africa, Basic needs -- Law and legislation -- South Africa, Civil rights -- Law and legislation -- South Africa, Equality -- South Africa, Constitutional rights -- South Africa
Citation
Liebenberg, S. 2006. Needs, rights and transformation : adjudicating social rights. Stellenbosch Law Review = Stellenbosch Regstydskrif 17(1):5-36.