Bookcover of Judicial Activism and Socio-Economic Rights
Booktitle:

Judicial Activism and Socio-Economic Rights

in South Africa

LAP LAMBERT Academic Publishing (2012-05-31 )

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ISBN-13:

978-3-8484-3374-2

ISBN-10:
3848433745
EAN:
9783848433742
Book language:
English
Blurb/Shorttext:
It must from the outset be made clear that the concept of judicial activism does not lend itself to an exact definition. It has variously been defined as, a philosophy advocating that judges should interpret the Constitution to reflect contemporary conditions and values; when courts do not confine themselves to reasonable interpretations of law, but instead create law or when courts do not limit their ruling to the dispute before them, but instead establish a new rule to apply broadly to issues not presented in the specific action. At the core of the concept is the notion that in deciding a case judges may, or some advocate must, reform the law if the existing rules or principles appear defective. On such a view, judges should not hesitate to go beyond their traditional role as interpreters of the constitution and laws given to them by others in order to assume a role as independent policy makers or independent "trustees" on behalf of society. The array of existing disparate, even contradictory, ways of defining the concept has made its meaning increasingly unclear.
Publishing house:
LAP LAMBERT Academic Publishing
Website:
https://www.lap-publishing.com/
By (author) :
Lufuno Tokyo Nevondwe, Mabalane Wilson Mhlaba
Number of pages:
476
Published at:
2012-05-31
Stock:
Available
Category:
Public law, Administrative-, Constitutional Procedural Law
Price:
79.00 €
Keywords:
Constitution, Socio-economic rights, Social security, judicial activism, Health Rights, housing rights, food and water rights, educational rights and environmental rights.

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