CEU Electronic Theses and Dissertations, 2010
| Author | Gheorghe, Ecaterina Georgiana |
|---|---|
| Title | Justiciability of Socio-Economic Rights: Comparative Analysis of the United Kingdom and South Africa |
| Summary | The thesis represents a comparative study of socio-economic rights litigation in two jurisdictions: United Kingdom and South Africa. It examines the role of courts in protecting socio-economic rights and answers the question of whether these rights are better protected if enshrined in a Constitution or rather ordinary mechanisms of administrative law are sufficient. Within the background of theoretical aspects related to the justiciability of socio-economic rights, the paper will examine the extent to which socio-economic rights in the United Kingdom can be protected through civil and political rights enshrined in the European Convention of Human Rights and incorporated by the Human Rights Act 1998. It further addresses the issue of the strengths and limits of the South African Constitutional Court approach to the adjudication of socio-economic rights and makes recommendations for its improvement. Ultimately, the scope of this comparison is to emphasize that even if the South African approach to the adjudicating of socio-economic rights still needs development, it is preferable to administrative law review. |
| Supervisor | Murray Wesson |
| Department | Legal Studies MA |
| Full text | https://www.etd.ceu.edu/2010/gheorghe_ecaterina.pdf |
Visit the CEU Library.
© 2007-2021, Central European University