oa ESR Review : Economic and Social Rights in South Africa - In defence of reasonableness : giving effect to socio-economic rights



There is general agreement in recent literature that the transformative potential of the socio-economic rights in sections 26 and 27 of the South African Constitution has remained largely unexploited. The failure to realise socio-economic rights is attributable in part to a conservative legal culture which imposes limitations on the extent to which courts may intervene in matters concerning the redistribution of public resources.


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