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    Grootboom: A paradigm of individual remedies versus reasonable programmes

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    Mbazira_Grootboom_2011 (141.4Kb)
    Date
    2011
    Author
    Mbazira, Christopher
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    Abstract
    The decision of the Constitutional Court (the Court) in the case of Government of the Republic of South Africa versus Grootboom was received as ground breaking by human rights practitioners, scholars and advocates the world over. If it were possible to assess the case in terms of new music releases, one would say that the 'Grootboom album' became an instant hit on the top of all music charts. The case instantly established itself as a landmark, signifying the undeniable justiciability of economic and social rights (socio-economic rights). Thus, the case became a promise that the lives of South Africans living in crisis-like situations would be changed for the better. The Court's reasonable programme review approach instantly became the litmus test with which to determine whether government has discharged its obligations to realise the various constitutionally protected economic, socio-economic rights.
    URI
    http://hdl.handle.net/10566/4964
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    • Socio-Economic Rights Project (SERP)

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