Abstract
The prominent presence of South Africa in discussions on the adjudication of socio-economic rights can be attributed to two principal reasons - one, the absence of any constitutional distinction between these rights and civil and political rights, and two, their acceptance as being fundamental and justiciable. African courts, particularly the Constitutional Court which is the highest court of the land, have been central to the moulding and evolution of these sanctions, a role which becomes more appreciable when contextualised with the country's relatively poor socio-economic development. This article presents a snapshot of some of the landmark contributions made by the Constitutional Court in this field through which the author sheds light on the complex balancing act undertaken by the Court. In the backdrop of the principle of separation of powers., the author also illustrates the interplay that is seen between the Court's activist and deferential dispositions and resultant emerging tensions between the executive and judiciary.
Recommended Citation
Govindjee, Avinash
(2013)
"Adjudication of Socio-Economic Rights by the Constitutional Court of South Africa: Walking the Tightrope between Activism and Deference,"
National Law School of India Review: Vol. 25:
Iss.
1, Article 3.
Available at:
https://repository.nls.ac.in/nlsir/vol25/iss1/3
