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Title: |
Constitutional Deference, Courts and Socio-Economic Rights in South Africa |
| Author: |
Kirsty McLean |
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| ISBN: |
978-0-9814124-8-1 |
| Pages: |
viii 246 |
| Cover: |
Soft |
| Date: |
2009 |
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About the publication:
The inclusion of justiciable socio-economic rights in the 1996 South African Constitution raises a number of concerns for the South African Judiciary. At the heart of these difficulties is the tension between giving full effect to these rights, and the appropriate role of the courts in a constitutional democracy in the determination of social and economic policy. In this book, Dr Kirsty McLean grapples with this question, developing a concept of constitutional deference to interrogate the approach of the South African courts and provide a framework in which a normative framework can be developed and criticised.
“As we set out on the journey to develop a progressive jurisprudence of social and economic rights, it seems to me that we should accept that it is unlikely that we will achieve consensus on the proper role for courts in this field. Like other areas of constitutional adjudication, our understanding of the proper role of courts will depend on deep and contested questions of political and moral philosophy. The contestation that will inevitably persist, therefore, makes it all the more important that contributions to the debate are clear and principled. This book is both.”
- Kate O’Regan
Former Justice of the Constitutional Court of South Africa
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