oa Comparative and International Law Journal of Southern Africa - Constitutions and Bills of Rights in third world nations: issues of form and content



This article aims to high-light some of the problems concerning the content of a Bill of Rights in the constitution of a new nation. It has been argued that the traditional type of a Bill of Rights which does not include socio-economic rights is inadequate for the purposes of new nations; that socio-economic rights are not athetical to the traditional rights; that although socio-economic rights may be merely declaratory of state goals and policy and not justiciable, they nevertheless serve a purpose. It is clear from the totality of available evidence that more new nations are opting for a Bill of Rights of the socialist type, a thing which attests to its popularity. It is not possible to foreclose the debate in this regard; this article, therefore, would have achieved its objective if it provokes further discussion, rebuttals and rejoinders.


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