South Africa’s transformative Constitution: from civil and political rights doctrines to socio-economic rights promises
This article discusses the post 1994 rights-based approach to transformation. Civil and political rights and socio-economic rights are conceived as central tenets to South Africa’s transformative Constitution, 1996. The Constitution was fundamentally tasked with transforming society to bring about...
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| Format: | Article |
| Language: | English |
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Bucharest University of Economic Studies
2015-12-01
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| Series: | Juridical Tribune |
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| Online Access: | http://tribunajuridica.eu/arhiva/An5v2/14%20Rapatsa.pdf |
| _version_ | 1827290967188701184 |
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| author | Mashele Rapatsa |
| author_facet | Mashele Rapatsa |
| author_sort | Mashele Rapatsa |
| collection | DOAJ |
| description | This article discusses the post 1994 rights-based approach to transformation. Civil and political rights and socio-economic rights are conceived as central tenets to South Africa’s transformative Constitution, 1996. The Constitution was fundamentally
tasked with transforming society to bring about substantive social and legal justice, peace political stability and reconciliation among South Africans. This culminated in a new legal culture, elevating hopes that socio-economic problems largely inherited from the past would be altered. Thus, this article examines the extent to which norms and the law in the Constitution normalizes people’s socio-economic conditions. It utilizes notable entrenchment and eventual justiciability of socio-economic rights as noticeable attempt to proffer a panacea to prevailing socio-economic instabilities. It has been observed that first and second generation rights are interrelated and mutually supportive towards the course
of transformation. However, it is asserted that the commended normative framework is struggling to ward off the country’s social and economic problems owing to persistent poverty problem. Thus, real transformation will remain an elusive dream if poverty is not eliminated. |
| first_indexed | 2024-04-24T12:26:42Z |
| format | Article |
| id | doaj.art-c38b956e61e84c98a400532a6dd9b0b3 |
| institution | Directory Open Access Journal |
| issn | 2247-7195 2248-0382 |
| language | English |
| last_indexed | 2024-04-24T12:26:42Z |
| publishDate | 2015-12-01 |
| publisher | Bucharest University of Economic Studies |
| record_format | Article |
| series | Juridical Tribune |
| spelling | doaj.art-c38b956e61e84c98a400532a6dd9b0b32024-04-08T07:43:03ZengBucharest University of Economic StudiesJuridical Tribune2247-71952248-03822015-12-0152208219South Africa’s transformative Constitution: from civil and political rights doctrines to socio-economic rights promisesMashele Rapatsa0School of Law, University of Limpopo, South Africa. LLB (UL) LLM (UCT), PhD student (University of Groningen, Netherlands)This article discusses the post 1994 rights-based approach to transformation. Civil and political rights and socio-economic rights are conceived as central tenets to South Africa’s transformative Constitution, 1996. The Constitution was fundamentally tasked with transforming society to bring about substantive social and legal justice, peace political stability and reconciliation among South Africans. This culminated in a new legal culture, elevating hopes that socio-economic problems largely inherited from the past would be altered. Thus, this article examines the extent to which norms and the law in the Constitution normalizes people’s socio-economic conditions. It utilizes notable entrenchment and eventual justiciability of socio-economic rights as noticeable attempt to proffer a panacea to prevailing socio-economic instabilities. It has been observed that first and second generation rights are interrelated and mutually supportive towards the course of transformation. However, it is asserted that the commended normative framework is struggling to ward off the country’s social and economic problems owing to persistent poverty problem. Thus, real transformation will remain an elusive dream if poverty is not eliminated.http://tribunajuridica.eu/arhiva/An5v2/14%20Rapatsa.pdfconstitutional transformationhuman rightspovertysocio-economic rights.socio-economic rights |
| spellingShingle | Mashele Rapatsa South Africa’s transformative Constitution: from civil and political rights doctrines to socio-economic rights promises Juridical Tribune constitutional transformation human rights poverty socio-economic rights. socio-economic rights |
| title | South Africa’s transformative Constitution: from civil and political rights doctrines to socio-economic rights promises |
| title_full | South Africa’s transformative Constitution: from civil and political rights doctrines to socio-economic rights promises |
| title_fullStr | South Africa’s transformative Constitution: from civil and political rights doctrines to socio-economic rights promises |
| title_full_unstemmed | South Africa’s transformative Constitution: from civil and political rights doctrines to socio-economic rights promises |
| title_short | South Africa’s transformative Constitution: from civil and political rights doctrines to socio-economic rights promises |
| title_sort | south africa s transformative constitution from civil and political rights doctrines to socio economic rights promises |
| topic | constitutional transformation human rights poverty socio-economic rights. socio-economic rights |
| url | http://tribunajuridica.eu/arhiva/An5v2/14%20Rapatsa.pdf |
| work_keys_str_mv | AT mashelerapatsa southafricastransformativeconstitutionfromcivilandpoliticalrightsdoctrinestosocioeconomicrightspromises |