What is it about?
Against the background of apartheid history, this article questions the progress of South Africa in promoting socio-economic rights. We argue that its Constitution imposes a duty on the state to efficiently provide basic. While many non-legal factors account for this situation, we identify lacklustre judicial review as a major culprit. Our critical analysis of purposively selected decisions of the Constitutional Court on socio-economic rights reveal how judges justify their undue deference to the political branches of government.
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Why is it important?
The article is important because judicial deference and its accompanying rhetoric hamper the socio-economic revolution envisaged by the liberation struggle in South Africa.
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This page is a summary of: THE NEW SOCIAL CONTRACT AND THE RHETORIC OF POVERTY IN THE JURISPRUDENCE OF SOCIOECONOMIC RIGHTS IN SOUTH AFRICA, Journal for Juridical Science, November 2025, University of the Free State,
DOI: 10.38140/jjs.v50i2.8406.
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