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Constitutional Deference, Courts and Socio-Economic Rights in South Africa

Author :  Kirsty McLean

Product Details

Country
South Africa
Publisher
PULP, South Africa
ISBN 9780981412481
Format HardBound
Language English
Year of Publication 2009
Bib. Info 246p.;
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Product Description

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.

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