Browsing Faculty of Law by Author "Sandra, Liebenberg"
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The application of socio-economic rights to private law
Sandra, Liebenberg (Journal of South African Law, 2008)The constitution is explicitly committed to redressing and transforming socio-economic exclusion and marginalisation. This is manifest, amongst other constitutional provisions, in the entrenchment of a comprehensive range ... -
Basic rights claims How responsive is ‘reasonableness review’?
Sandra, Liebenberg (ESR Review, 2004)South Africa’s 1996 Constitution (the Constitution) is widely renowned for its holistic, inclusive Bill of Rights. A particular innovation is its inclusion of a wide range of fully justiciable socio-economic rights. There ... -
The constitutional protection of those facing eviction from “bad buildings”
Sandra, Liebenberg; Lilian, Chenwi (ESR Review, 2008)The Constitutional Court’s judgment in the Olivia case, handed down on 19 February 2008, represents a victory for the occupiers of “bad buildings” in the inner city of Johannesburg as well as other poor people facing ... -
The courts and socio-economic rights: carving out a role
Sandra, Liebenberg (ESR Review, 2002)Although the jurisprudence on the socio-economic rights in the Bill of Rights is still in its infancy, the number of cases coming before the courts is gathering momentum. In particular, the Constitutional Court judgment ... -
Engaging the paradoxes of the universal and particular in human rights adjudication: The possibilities and pitfalls of ‘meaningful engagement’
Sandra, Liebenberg (African Human Rights Law Journal, 2012)This article examines the disjunctures between the universal aspiration of human rights norms and the complexity of their interpretation and application in diverse and pluralistic contexts. It examines the extent to which ... -
Giving money to children: the state's constitutional obligations to provide child support grants to child headed households
Sandra, Liebenberg; Beth, Goldblatt (South African Journal on Human Rights, 2004)One of the most tangible effects of the HIV epidemic is the growing number of orphans and the emergence in ever increasing amounts of households headed by children. These new family configurations pose a wide range of ... -
The interrelationship between equality and socio-economic rights under South Africa's transformative constitution
Sandra, Liebenberg; Beth, Goldblatt (South African Journal on Human Rights, 2007)This article develops the interrelationship between the equality and socio-economic rights in the Bill of Rights to enhance the responsiveness of our jurisprudence to the mutually reinforcing patterns of poverty and ... -
Muddying the waters: the Supreme Court of Appeal’s judgment in the Mazibuko case
Sandra, Liebenberg; Jackie, Dugard (ESR Review, 2009)On 25 March 2009, the Supreme Court of Appeal handed down judgment in the Mazibuko case. The case was an appeal against the judgment of the Johannesburg High Court (now the South Gauteng High Court) of 30 April 2008, ... -
Needs, rights and transformation: adjudicating social rights
Sandra, Liebenberg (Stellenbosch Law Review, 2006)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 ... -
The potential of the International Covenant on Economic, Social and Cultural Rights as a tool for poverty reduction in South Africa
Sandra, Liebenberg (ESR Review, 2014)Together the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights (ICESCR; hereafter ‘the Covenant’) represent the fundamental human rights commitments ... -
Social Citizenship: A Precondition for Meaningful Democracy
Sandra, Liebenberg (Agenda: Empowering Women for Gender Equity, 1999)In 1959, the scholar, TH Marshall, analysed the historical development of those features that were vital to effective 'citizenship'. He viewed democratisation as a progression, spanning three centuries. Civil rights were ... -
Socio-economic rights under a transformative Constitution The role of the academic community and NGOs
Sandra, Liebenberg (ESR Review, 2007)Following Karl Klare’s seminal article in the 1998 SA Journal on Human Rights, South Africa’s Constitution has been widely described by the courts and in academic literature as a “transformative Constitution”. While finding ... -
South Africa's evolving jurisprudence on socio-economic rights: An effective tool in challenging poverty
Sandra, Liebenberg (Law, Democracy & Development, 2002)The drafters of the Constitution clearly envisaged a far-reaching role for it in the transformation of post-apartheid society.' Among the key aims of the Constitution is to "improve the quality of life of all citizens and ... -
Universal access to social security rights: can a basic income grant meet the challenge?
Sandra, Liebenberg (ESR Review, 2002)Access to social assistance for those unable to support themselves and their dependants is a fundamental human right enshrined in the Constitution. In March this year, the Committee of Inquiry into a Comprehensive System ... -
The value of human dignity in interpreting socio-economic rights
Sandra, Liebenberg (South African Journal on Human Rights, 2005)There has been considerable criticism of the use of human dignity as a guiding value in the context of South Africa's equality jurisprudence. What are the implications of the use of the value in socio-economic rights ...