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Human Dignity and Socio-Economic Rights

Grant, Evadn�; Grant, Evadne

Authors

Evadn� Grant

Evadne Grant Evadne.Grant@uwe.ac.uk
Associate Lecturer - CBAL - LAW - ULAW001



Abstract

The South African Constitution numbers among a very few constitutions around the world which include justiciable socio-economic rights. One of the controversies surrounding judicial enforcement of such rights is the extent to which it is appropriate for courts to engage in policy choices in relation to the use of state resources in light of the doctrine of the separation of powers. The South African Constitutional Court has responded by developing an approach to adjudication of socio-economic rights in which the role of the court is to determine the reasonableness or otherwise of measures taken by the legislature and executive to implement such rights. However, the South African Constitution is also notable for its identification of human dignity as an underlying value and the explicit duty placed on the courts to interpret the rights protected under the Bill of Rights in conformity with this value. This article scrutinises the socio-economic rights jurisprudence of the South African Constitutional court in light of the Constitutional commitment to human dignity. It questions whether reasonableness review in socio-economic cases successfully balances human dignity with the appropriate degree of deference to the legislature and executive, in compliance with the doctrine of the separation of powers. © 2013 Springer Science+Business Media Dordrecht.

Citation

Grant, E., & Grant, E. (2012). Human Dignity and Socio-Economic Rights. Liverpool Law Review, 33(3), 235-261. https://doi.org/10.1007/s10991-012-9122-8

Journal Article Type Article
Publication Date Dec 1, 2012
Journal Liverpool Law Review
Print ISSN 0144-932X
Electronic ISSN 1572-8625
Publisher Springer (part of Springer Nature)
Peer Reviewed Peer Reviewed
Volume 33
Issue 3
Pages 235-261
DOI https://doi.org/10.1007/s10991-012-9122-8
Keywords human dignity, socio-economic rights
Public URL https://uwe-repository.worktribe.com/output/944387
Publisher URL http://dx.doi.org/10.1007/s10991-012-9122-8