The South African Model of Socio-Economic Constitutionalism: Features and Fault Lines
摘要
This chapter examines the key features and fault lines of the South African model of socio-economic constitutionalism. The chapter commences by examining the interlinkages between the transformative nature of the 1996 South African Constitution and its socio-economic commitments. It proceeds to examine how the holistic and integrated model of rights protection in the Constitution shapes and influences the character of South Africa’s democracy. Thereafter it explores how the adjudication of the obligations imposed by the socio-economic rights provisions in the Bill of Rights influences the nature of socio-economic constitutionalism in South Africa. The final substantive part examines the South African model of socio-economic constitutionalism through the prism of the State’s social policies. It identifies both the key features of these social policies as well as their major fault lines. The chapter concludes by synthesising its key findings, and identifies the insights that can be drawn from the South African experience of justiciable socio-economic rights for the broader global project of socio-economic constitutionalism. It argues that greater attention must be paid to the developmental vision, concrete strategies, and concomitant state capacity required for realising socio-economic rights. This is vital if a model of socio-economic constitutionalism based on the constitutional recognition of socio-economic rights is to make a meaningful contribution to the crises confronting many contemporary constitutional democracies.