Quote of the week

Israel has knowingly and deliberately continued to act in defiance of the [International Court of Justice] Order. In addition to causing the death by starvation of Palestinian children in babies, Israel has also continued to kill approximately 4,548 Palestinian men, women and children since 26 January 2024, and to wound a further 7,556, bringing the grim totals to 30,631 killed and 72,043 injured. An unknown number of bodies remain buried under the rubble. 1.7 million Palestinians remain displaced — many of them permanently, Israel having damaged or destroyed approximately 60 per cent of the housing stock in Gaza. Approximately 1.4 million people are squeezed into Rafah — which Israel has stated it intends to attack imminently. Israel’s destruction of the Palestinian healthcare system has also continued apace, with ongoing, repeated attacks on hospitals, healthcare, ambulances and medics. Israel has also continued to conduct widespread attacks on schools, mosques, businesses and entire villages and areas.

Republic of South Africa Urgent Request to the International Court of Justice for Additional Measures South Africa v Israel
20 May 2010

Book announcement on socio-economic rights

Socio-Economic Rights adjudication under a transformative constitution

Sandra Liebenberg

Drawing on a wide range of interdisciplinary resources, this scholarly work provides an in-depth and thorough analysis of the socio-economic rights jurisprudence of the newly democratic South Africa.

The book explores how the judicial interpretation and enforcement of socio-economic rights can be more responsive to the conditions of systemic poverty and inequality characterising South African society. Based on meticulous research, the work marries legal analysis with perspectives from political philosophy and democratic theory. Cautioning against a traditional, formalistic conception of rights and the separation of powers doctrine, the author develops a nuanced conception of substantive reasonableness review in the context of socio-economic rights. She further argues for a reconstruction of private law doctrines in the light of the normative purposes and values promoted by socio-economic rights.

Socio-Economic Rights – Adjudication under a Transformative Constitution is up to date, including detailed evaluation and critique of the most recent socio-economic rights judgments. It is set to have an impact on debates about courts and socio-economic rights not only in South Africa, but everywhere else where its topic has attracted interest.

AVAILABLE APRIL 2010

Approx. 565 pages ISBN 978-0-7021-8480-2 R575.00 (incl. VAT)

ABOUT THE AUTHOR

Professor Sandra Liebenberg holds the HF Oppenheimer Chair in Human Rights Law in the Law Faculty of the University of Stellenbosch. An internationally recognised scholar, she has published widely in the field of socio-economic rights. Liebenberg served as a member of the Technical Committee to the Constitutional Assembly’s ‘Theme Committee’ on Fundamental Rights and founded the Socio-Economic Rights Project at the University of the Western Cape. As part of her ongoing research and advocacy work, the author has been involved in preparing heads of argument and amicus curiae submissions in several of the groundbreaking socio-economic rights cases in South Africa.

REVIEWS: ‘Socio-Economic Rights – Adjudication under a Transformative Constitution is a comprehensive examination of South Africa’s transformative constitutionalism. This book establishes South African socio-economic rights jurisprudence as an academic discipline. [… It] should be read and studied by all who share the hope that legal practices can contribute to social transformation and social justice.’

Karl Klare George J and Kathleen Waters Matthews Distinguished Professor, School of Law, North Eastern University (Boston) & Lucy Williams, Professor of Law, School of Law, North Eastern University (Boston)

‘A scholarly work of major importance, that is sure to play a leading role not only in the burgeoning field of academic endeavour on this topic internationally, but also as reference work of real usefulness for practitioners engaged in using law to combat impoverishment and social exclusion.’

Danie Brand – Senior Lecturer, Department of Public Law, University of Pretoria

‘The book offers a detailed and nuanced explanation of the way in which the courts have interpreted and developed socio-economic rights. A comprehensive description is coupled with an analysis which is both incisive and sensitive to the complex realities of South Africa. An indispensable resource for anyone interested in socio-economic rights in South Africa or elsewhere in the world.’

Sandra Fredman FBA – Professor of Law, Exeter College, Oxford University

TO ORDER THIS BOOK GO TO THE JUTA PAGE HERE.

CONTENTS:

␣␣ Foreword by Karl Klare and Lucy Williams ␣␣ The Struggle for Recognition: Including Socio-Economic rights in the Constitution ␣␣ A Transformative Jurisprudence on Socio-Economic Rights ␣␣ Socio-Economic Rights in the Context of the Bill of Rights ␣␣ Reconceiving Reasonableness Review ␣␣ Children, Education, Persons Deprived of Liberty ␣␣ A New Paradigm for Evictions Law ␣␣ Socio-Economic Rights in Private Law ␣␣ Responsive Remedies ␣␣ Appendix 1: Chapter 2 of the 1996 Constitution ␣␣ Table of Cases, Table of Legislation and Subject Index
SHARE:     
BACK TO TOP
2015 Constitutionally Speaking | website created by Idea in a Forest