As seductive as certain perspectives of international law may appear to those who disagree with the outcome of the interpretative exercise conducted by this Court in the contempt judgment, sight must not be lost of the proper place of international law, especially in respect of an application for rescission. The approach that my Brother adopts may be apposite in the context of an appeal, where a court is enjoined to consider whether the court a quo erred in its interpretation of the law. Although it should be clear by now, I shall repeat it once more: this is not an appeal, for this Court’s orders are not appealable. I am deeply concerned that seeking to rely on articles of the ICCPR as a basis for rescission constitutes nothing more than sophistry.
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