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The right to have access to adequate housing
(ESR Review : Economic and Social Rights in South Africa, 2007)
T he right of access to adequate housing is important for the enjoyment of all human rights. A house is fundamental for human dignity and for physical and mental health, which are crucial for socio-economic development. ...
Subsidiarity in the Constitution slapstick asymmetry or a 'rights based' approach to powers
(Community Law Centre, University of the Western Cape, 2008)
What is subsidiarity? Subsidiarity is a general principle that says that governance should take place as close as possible to the citizens. It translates into the protection of lower levels of government against undue ...
Litigating socio-economic rights through amicus briefs Challenges and strategies
(ESR Review : Economic and Social Rights in South Africa, 2009)
The Constitution of South Africa (the Constitution) is characterised by its extensive commitment to socio-economic rights. The courts are mandated to translate these rights into enforceable legal claims, primarily by ...
District-local municipal relations: The challenges to cooperative government
(Community Law Centre, University of the Western Cape, 2005)
Outside of metropolitan areas, local government is shared by district and local municipalities; the 47 district municipalities and 231 local municipalities share legislative and administrative powers over the same geographical ...
Bolstering the protection of economic, social and cultural rights under the Malawian Constitution
(Malawi Law Journal, 2007)
The Malawian Constitution protects a handful of socio-economic rights in the Bill of Rights and enshrines the rest as part of directive principles of national policy. The only socio-economic rights expressly protected in ...
Confronting the problem of polycentricity in enforcing the socioeconomic rights in the South African Constitution
(SA Publiekreg = SA Public Law, 2008)
The judicial enforcement of the socio-economic rights contained in the South African Constitution (Constitution) has not been without controversy when compared to the judicial enforcement of civil and political rights. ...
Wolf in sheep's clothing?
(Community Law Centre, University of the Western Cape, 2009)
Section 156(1) of the Constitution is the basis for the status of local government in the Constitution. It provides that municipalities have authority over the matters listed in Schedules 4B and 5B of the Constitution. ...
Enforcement of economic, social and cultural rights in Uganda
(ESR Review : Economic and Social Rights in South Africa, 2009)
Uganda has ratified almost all the major regional and international instruments that protect economic, social and cultural rights (ESCRs). However, a reading of the Constitution of Uganda, 1995, and other laws shows that ...
The constitutional family in the Law of Succession
(Juta Law, 2009)
This article traces the development of the constitutional family in the South African law of succession through a synopsis of Constitutional Court and High Court judgments on the application of the Intestate Succession Act ...
2 + 2 = 5? Exploring the domestication of the CRC in South African jurisprudence (2002-2006)
(Brill Academic Publishers, 2008)
South Africa commenced transition to a constitutional democracy with the adoption
of an interim constitution in 1994, followed by national elections based, for
the fi rst time, on universal adult suffrage. A justiciable ...