oa ESR Review : Economic and Social Rights in South Africa - Combining the "minimum core" and "reasonableness" models of reviewing socio-economic rights : feature

Volume 9 Number 3
  • ISSN : 1684-260X



Monitoring the implementation of economic, social and cultural rights (hereinafter socio-economic rights) may be seen as a process by which judicial or quasi-judicial organs check whether legislative and executive decisions, at the level of both formulation and implementation, comply with certain standards contained in legal instruments that guarantee these rights. But there are objections in principle to the justiciability of socio-economic rights, mainly to the effect that the adjudication of this group of rights entails stepping into the legislative and executive terrains of governance. Among the responses to these objections are that ""there is no single monolithic model of judicial enforcement for all human rights"" (An-Na'im, 2004: 7) and that it is all a matter of adopting a proper model for reviewing the implementation of these rights.

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