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http://ssrn.com/abstract=269657
 
 

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Social and Economic Rights? Lessons from South Africa


Cass R. Sunstein


Harvard Law School

May 2001

U of Chicago, Public Law Working Paper No. 12; U Chicago Law & Economics, Olin Working Paper No. 124

Abstract:     
Do social and economic rights belong in a democratic constitution? Skeptics have wondered whether it is possible to constitutionalize such rights without imposing an untenable managerial responsibility on courts. In an extraordinary decision, the Constitutional Court of South Africa has provided a new approach to social and economic rights, one that respects the fact of limited resources while also requiring governmental attention to basic needs. This new approach might be called an administrative law model of constitutional rights. It contains considerable promise, because it recognize rights to reasonable programs, rather than to protection of each individual, a path that might well be beyond governmental capacities.

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Date posted: May 19, 2001  

Suggested Citation

Sunstein, Cass R., Social and Economic Rights? Lessons from South Africa (May 2001). U of Chicago, Public Law Working Paper No. 12; U Chicago Law & Economics, Olin Working Paper No. 124. Available at SSRN: http://ssrn.com/abstract=269657 or http://dx.doi.org/10.2139/ssrn.269657

Contact Information

Cass R. Sunstein (Contact Author)
Harvard Law School ( email )
1575 Massachusetts Ave
Areeda Hall 225
Cambridge, MA 02138
United States
617-496-2291 (Phone)
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