Good governance: A legal determinant for the enforcement of socio-economic rights in Africa

Abstract

In discussions concerning the abysmal level of poverty in Africa which has been a hot topic for decades, the topic of economic, social and cultural (socio-economic) rights is always up for controversy. There are constant reports on the poor state of socio-economic development on the continent. African countries also share the constant criticism for the poor state of socio-economic rights. This paper analyzes the journey of good governance and institutions as a fundamental determinant of the sustainable realization of social and economic right. It explains the position of fundamental rights and directive principles in the Constitutions of some African States. Furthermore, it examines the judicial approach of dealing with the relationship between fundamental rights and directive principles. The findings of this paper go beyond the executive domain and investigate the contributions of judicial institution in realization of socio-economic rights and development in Africa. In this light, it looks into the enforceability of socio-economic rights and recommends establishment of independent institutions in each African state for the enforcement of socio-economic rights.