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Integrating environmental considerations in socio-economic rights adjudication : the role of ecologically sustainable development
Thesis (LLD)--Stellenbosch University, 2025.
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| Format: | Thesis |
| Language: | English |
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Stellenbosch : Stellenbosch University
2025
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| _version_ | 1867613901178273792 |
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| access_status_str | Open Access |
| author | Van Schalkwyk, Christiaan |
| author2 | Liebenberg, Sandra |
| author_browse | Liebenberg, Sandra Van Schalkwyk, Christiaan |
| author_facet | Liebenberg, Sandra Van Schalkwyk, Christiaan |
| author_sort | Van Schalkwyk, Christiaan |
| collection | Thesis |
| dc_rights_str_mv | Stellenbosch University |
| description | Thesis (LLD)--Stellenbosch University, 2025.
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| format | Thesis |
| id | oai:scholar.sun.ac.za:10019.1/132339 |
| institution | Stellenbosch University (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:43:30.254Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from SUNScholar — Stellenbosch University Repository |
| publishDate | 2025 |
| publishDateRange | 2025 |
| publishDateSort | 2025 |
| publisher | Stellenbosch : Stellenbosch University |
| publisherStr | Stellenbosch : Stellenbosch University |
| record_format | dspace |
| source_str | SUNScholar — Stellenbosch University Repository |
| spelling | oai:scholar.sun.ac.za:10019.1/132339 Integrating environmental considerations in socio-economic rights adjudication : the role of ecologically sustainable development Van Schalkwyk, Christiaan Liebenberg, Sandra Stellenbosch University. Faculty of Law. Dept. of Public Law. Civil rights -- South Africa Sustainable development -- Law and legislation -- South Africa Environmental law -- South Africa Environmental justice Human rights -- Environmental aspects UCTD Thesis (LLD)--Stellenbosch University, 2025. Van Schalkwyk, C. 2025. Integrating Environmental Considerations in Socio- Economic Rights Adjudication: The Role of Ecologically Sustainable Development. Unpublished doctoral dissertation. Stellenbosch: Stellenbosch University [online]. Available: https://scholar.sun.ac.za/items/62103d97-b3e7-471d-8d42-039e0ce6214c ENGLISH ABSTRACT: The protection and fulfilment of socio-economic rights is under threat due to pervasive environmental threats and the ubiquitous nature of the climate crisis. Not only are the vulnerable and marginalised disproportionately affected by environmental challenges, but their pre-existing socio-economic inequalities are exacerbated and their access to socio-economic rights is impeded. Socio-economic rights are key to advance the transformative objectives of the South African Constitution, such as addressing intersecting and multifaceted vulnerability and disadvantage. Accordingly, socio-economic rights adjudication must become more responsive to environmental considerations if it is to reflect the lived realities of people, and assist in addressing our current ecological crisis. Socio-economic rights adjudication has been criticised as not substantively drawing on the environmental right in section 24 of the South African Constitution. The dissertation aims to contribute to socio-economic rights adjudication scholarship by analysing the interpretative theory of interdependence and a theory of bridging concept in relation to section 24. The purpose of this analysis is to assess whether this approach can facilitate the integration of environmental considerations in socio-economic rights adjudication. In turn, this would affect an interdependent interpretation of socio-economic rights and the environmental right in the South African Constitution, and as part of responding to intersecting and multifaceted vulnerability and disadvantage. The role of ecologically sustainable development in establishing an interpretative interrelationship between socio-economic rights and environmental rights has been noted, but not substantively developed. This dissertation therefore aims to conceive of ecologically sustainable development as a bridging concept. The dissertation will also illustrate how the normative content of ecologically sustainable development would constitute the environmental considerations that form part of socio-economic rights adjudication. This dissertation found that ecologically sustainable development contains rich potential to be employed as a bridging concept. Ecologically sustainable development encompasses an array of environmental norms, principles, and doctrines that assist in linking environmental and socio-economic disadvantage. These norms, principles, and doctrines were analysed as part of socio-economic rights adjudication, and the dissertation found that various aspects of socio-economic rights adjudication become more environmentally responsive, and employ transformative and substantive reasoning. The study found that the normative content of socio-economic rights should be based on environmental determinants and take environmental threats into account. Further, the study illustrated a broadened interpretation of socio-economic rights review standards through integrating expanded environmental criteria, and it also developed the environmental dimensions of doctrinal concepts. This dissertation therefore recognises the need for innovative and transformative modes of legal reasoning to address the complex nature of the current ecological crisis. AFRIKAANSE OPSOMMING: Geen opsomming beskikbaar. Doctoral 2025-06-04T09:11:07Z 2025-06-04T09:11:07Z 2025-03 Thesis https://scholar.sun.ac.za/handle/10019.1/132339 en Stellenbosch University xi, 335 pages application/pdf Stellenbosch : Stellenbosch University |
| spellingShingle | Civil rights -- South Africa Sustainable development -- Law and legislation -- South Africa Environmental law -- South Africa Environmental justice Human rights -- Environmental aspects UCTD Van Schalkwyk, Christiaan Integrating environmental considerations in socio-economic rights adjudication : the role of ecologically sustainable development |
| title | Integrating environmental considerations in socio-economic rights adjudication : the role of ecologically sustainable development |
| title_full | Integrating environmental considerations in socio-economic rights adjudication : the role of ecologically sustainable development |
| title_fullStr | Integrating environmental considerations in socio-economic rights adjudication : the role of ecologically sustainable development |
| title_full_unstemmed | Integrating environmental considerations in socio-economic rights adjudication : the role of ecologically sustainable development |
| title_short | Integrating environmental considerations in socio-economic rights adjudication : the role of ecologically sustainable development |
| title_sort | integrating environmental considerations in socio economic rights adjudication the role of ecologically sustainable development |
| topic | Civil rights -- South Africa Sustainable development -- Law and legislation -- South Africa Environmental law -- South Africa Environmental justice Human rights -- Environmental aspects UCTD |
| url | https://scholar.sun.ac.za/handle/10019.1/132339 |
| work_keys_str_mv | AT vanschalkwykchristiaan integratingenvironmentalconsiderationsinsocioeconomicrightsadjudicationtheroleofecologicallysustainabledevelopment |