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Socio-economic rights, political action, judicial conceptions of democracy and transformation : South Africa and Nigeria
Thesis (LLD)--University of Pretoria, 2014.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2015
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| _version_ | 1867613563274657792 |
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| access_status_str | Open Access |
| author2 | Brand, Danie (Jacobus Frederick Daniel, 1968- ) |
| author_browse | Brand, Danie (Jacobus Frederick Daniel, 1968- ) |
| author_facet | Brand, Danie (Jacobus Frederick Daniel, 1968- ) |
| collection | Thesis |
| dc_rights_str_mv | © 2015 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Thesis (LLD)--University of Pretoria, 2014. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/46116 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:38:07.678Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2015 |
| publishDateRange | 2015 |
| publishDateSort | 2015 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/46116 Socio-economic rights, political action, judicial conceptions of democracy and transformation : South Africa and Nigeria Brand, Danie (Jacobus Frederick Daniel, 1968- ) Akintayo, Akinola Ebunolu UCTD Thesis (LLD)--University of Pretoria, 2014. There is robust literature linking poverty to lack of political power and voice of the poor. It has also been shown that this lack of power and voice operate in turn to intensify the poverty of those concerned. I argue that the failure to engage with this lack of power appear to be the bane of efforts to engage with poverty the world over. Thus, several initiatives ranging from the welfare systems, to grants and aids, and even the rights-based approach to poverty reduction in which socio-economic rights forms a significant part appear not to have made meaningful or substantial difference to worldwide deepening of poverty levels and the desperate condition of the poor. The main thesis of this study is therefore that taking a historical view of the matter, a political approach to human rights which regards politics and resistance as counterpart of socio-economic rights appears the most feasible approach in a rights-based approach to poverty reduction, both in the creation of new socio-economic rights norms and in the enforcement of existing ones. And having regard to the important place and role of the judiciary in constitutional democracies and the potential impact of courts’ interpretive function in either constraining or enlarging the political space for struggle and action, I also argue that a judicial conception of democracy that is rooted in African political philosophies is the conception that is more likely to provide the necessary space for political empowerment of the poor and consequent redistribution of wealth in African states through effective transformation of socio-economic rights. The thesis is therefore focused on the likely impact of South African and Nigerian courts’ existing conception of democracy on poverty-related struggle and political action in both countries through the analysis of relevant cases from both jurisdictions. The analysis reveals that these courts’ conceptions of democracy are both against and unsuitable for enlarging the space for the necessary politics and poverty-related struggles. I articulate therefore in the thesis an African conception of democracy that is based on African political philosophies as can be deduced from historical and anthropological evidence and relevant African philosophical literature as more likely to enlarge the space for political action and empowerment of the poor. tm2015 Public Law LLD Unrestricted 2015-07-02T11:06:51Z 2015-07-02T11:06:51Z 2015/04/16 2014 Thesis Akintayo, AE 2015, Socio-economic rights, political action, judicial conceptions of democracy and transformation : South Africa and Nigeria, LLD Thesis, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/46116> A2015 http://hdl.handle.net/2263/46116 en © 2015 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Socio-economic rights, political action, judicial conceptions of democracy and transformation : South Africa and Nigeria |
| title | Socio-economic rights, political action, judicial conceptions of democracy and transformation : South Africa and Nigeria |
| title_full | Socio-economic rights, political action, judicial conceptions of democracy and transformation : South Africa and Nigeria |
| title_fullStr | Socio-economic rights, political action, judicial conceptions of democracy and transformation : South Africa and Nigeria |
| title_full_unstemmed | Socio-economic rights, political action, judicial conceptions of democracy and transformation : South Africa and Nigeria |
| title_short | Socio-economic rights, political action, judicial conceptions of democracy and transformation : South Africa and Nigeria |
| title_sort | socio economic rights political action judicial conceptions of democracy and transformation south africa and nigeria |
| topic | UCTD |
| url | http://hdl.handle.net/2263/46116 |