Possibilities and Pitfalls in the Domestic Enforcement of Social Rights: Contemplating the South African Experience

Abstract

This article contemplates the constitutionalization and concomitant judicial enforcement of social rights as an avenue through which such rights may be realized domestically. Through engaging with the South African example, the article challenges perceptions that social rights are by nature ill-suited for domestic application, while illustrating that the pervasiveness of such perceptions continues to hinder the effectiveness of domestic application. It is shown that the development of a dynamic and coherent domestic jurisprudence on social rights that resonates with international standards and translates into tangible rights enjoyment, depends on judicial willingness to depart from outmoded approaches to rights-adjudication.