Year: 2011
Type: article
Abstract: In this article I evaluate the manner in which South African courts have \nchosen to deal with the range of institutional problems (problems with \ninstitutional capacity, legitimacy, integrity and security, as well as pure \nseparation of powers problems) they face in the adjudication of constitutional \nsocio-economic rights claims. I investigate, that is, judicial deference in \nsocio-economic rights cases – the strategy of courts, when faced with difficult \ntechnical or contested social questions in such cases to leave decision of those \nissues, in different ways and to varying degrees, to the other branches of \ngovernment.
Author: Danie Brand
Institution: University of Pretoria
Language: English
Topic: Legal Issues in South Africa
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W1534048530