Work

Rule of Law Through the ‘Urban Turn’ in South African Constitutionalism

Year: 2023

Type: article

Abstract: The 1996 South African Constitution transformed municipalities from creatures of statute into an interdependent sphere of government, thereby enabling South African cities to carve out a space for autonomous urban governance, which is closely associated with the progressive realisation of socio-economic rights. This article considers how South African courts have deployed, reconfigured and channelled the rule of law in intergovernmental relations disputes, disputes concerning the developmental obligations of local government and socio-economic rights disputes, in order to fortify urban autonomy, to substantively guide its exercise and to ensure dynamic accountability for urban local governments’ role in ensuring the progressive realisation of socio-economic rights.

Source: Hague Journal on the Rule of Law

DOI: 10.1007/s40803-023-00196-y

Author: Marius Pieterse

Institution: University of the Witwatersrand

Language: English

Topic: Legal Issues in South Africa

Subfield: Law

Field: Social Sciences

Domain: Social Sciences

SDGs: Peace, justice, and strong institutions, Sustainable cities and communities

Open Access status: hybrid

Estimated APC paid: $3,090