Engaging with Social Rights
Engaging with Social Rights

Author: Brian Ray

Publisher: Cambridge University Press

Published: 2016-04-21

Total Pages: 395

ISBN-13: 1107029457

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With a new and comprehensive account of the South African Constitutional Court's social rights decisions, Brian Ray argues that the Court's procedural enforcement approach has had significant but underappreciated effects on law and policy, and challenges the view that a stronger substantive standard of review is necessary to realize these rights. Drawing connections between the Court's widely acclaimed early decisions and the more recent second-wave cases, Ray explains that the Court has responded to the democratic legitimacy and institutional competence concerns that consistently constrain it by developing doctrines and remedial techniques that enable activists, civil society and local communities to press directly for rights-protective policies through structured, court-managed engagement processes. Engaging with Social Rights shows how those tools could be developed to make state institutions responsive to the needs of poor communities by giving those communities and their advocates consistent access to policy-making and planning processes.

The Constitution of South Australia
The Constitution of South Australia

Author: Bradley Selway

Publisher: Federation Press

Published: 1997

Total Pages: 316

ISBN-13: 9781862872516

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Selway, Solicitor-General for SA, analyses his State's Constitution in the first new work on State Constitutions for a generation.His book covers all the traditional subject matter and a variety of related topics that are usually treated separately. Thus, considered in their constitutional context, is the recognition of Aboriginal customary law, the role of the monarchy, the activities of statutory bodies, and judicial review.The Constitution of South Australia is essential reading for lawyers and other dealing with State constitutional problems in Australia. While focussed on South Australia, the similarity between the State Constitutions means it has general application elsewhere.

Internships, Employability and the Search for Decent Work Experience
Internships, Employability and the Search for Decent Work Experience

Author: Andrew Stewart

Publisher: Edward Elgar Publishing

Published: 2021-06-25

Total Pages: 384

ISBN-13: 1800885040

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This groundbreaking book examines the growing phenomenon of internships and the policy issues they raise, during a time when internships or traineeships have become an important way of transitioning from education into paid work.

Courts, Politics and Constitutional Law
Courts, Politics and Constitutional Law

Author: Martin Belov

Publisher: Routledge

Published: 2019-10-16

Total Pages: 189

ISBN-13: 1000707970

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This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.

Public Interest Litigation in South Africa
Public Interest Litigation in South Africa

Author: Jason Brickhill

Publisher:

Published: 2018-08-31

Total Pages: 436

ISBN-13: 9781485128168

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Public Interest Litigation in South Africa offers grounded accounts - by leaders in the field - of the campaigns, cases, and causes that have defined key areas of public interest litigation in the country since the constitutional transition. The authors share their perspectives on the struggles led by people, communities, activists, and civil society organisations to realise the vision of the Constitution. The book shares the legal narratives of those particular struggles in the hope that this will contribute to the broader continuous struggle for social justice. Part One of the book considers the history of public interest litigation, the public interest sector today, public interest litigation in the context of international law, the ethics and politics of public interest litigation, and procedure. Part Two addresses public interest litigation in key areas of law: property rights, gender, basic services, health care, LGBTI equality, children's rights, basic education, freedom of expression, access to information, and prisoners' rights. Public Interest Litigation in South Africa seeks to share more of the stories of what has been achieved in the courts, beyond the well-trodden, landmark appellate decisions, as a contribution to informed and critical engagement.

The Bill of Rights Handbook
The Bill of Rights Handbook

Author: Iain Currie

Publisher: Juta and Company Ltd

Published: 2005

Total Pages: 876

ISBN-13:

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The Handbook is a comprehensive account of over a decade of South African Bill of Rights jurisprudence. The extensive detail of the Handbook and its coverage of all aspects of Bill of Rights jurisprudence and practice have made it a standard reference work for this important area of law. The book has been thoroughly revised for the fifth edition, in particular to cover developments in the areas of application, constitutional jurisdiction and remedies and the emerging jurisprudence on the positive duties imposed by the Bill of Rights.