Socio-economic rights, political action, judicial conceptions of democracy and transformation : South Africa and Nigeria
universalism of legal subjects, but in Africa that would apply only in the urban environment; the political parties of liberal democracy do not make sense in societies where associational life is rudimentary and interest groups remain essentially primary groups. 6 There is therefore need to fashion an alternative model of democracy to fit the cultural context and contextual political arrangements of Africans in Africa. It is as a result of this that several African scholars/political theorists have already put forward their views of what the appropriate 1 This position is also supported by Dahl. See R A Dahl On democracy (1998) 9 – 10. 2 C Ake ‘The unique case of African Democracy’ (1993) 69 (2) International Affairs 239 at 243 (Emphasis supplied). 3 A An-Naim ‘Religion, the state and constitutionalism in Islamic and comparative perspectives’ (2008-2009) 57 Drake Law Review 829. 4 Y Mokgoro and S Woolman ‘Where dignity ends and ubuntu begins: An amplification of, as well as an identification of a tension in, Drucilla Cornell’s thoughts’ in S Woolman & D Bilchitz (eds) Is this seat taken? Conversations at the Bar, the Bench and the Academy about the South African Constitution (2012) 241 at 242 – 243. 5 To borrow An-Naim phrase. See A An-Naim ‘The legal protection of human rights in Africa: How to do more with less’ in A Sarat and T R Kearns (eds) Human rights: Concepts, contests and contingencies (2001) 89 at 102 – 103. 6 C Ake ‘The unique case of African Democracy’ (1993) 69 (2) International Affairs 239 at 243.
Socio-Economic Rights: Adjudication Under a Transformative Constitution
Foreword Preface The struggle for recognition: Including socio-economic rights in the Constitution -- an historical overview A transformative jurisprudence on socio-economic rights Socio-economic rights in the context of the Bill of Rights Reconceiving reasonableness review: Sections 26 and 27 Children, education, persons deprived of liberty: Sections 28(1) (c), 29 and 35(2)(e) A new paradigm for evictions law: Section 26(3) Socio-economic rights in private law Responsive remedies Postscript Conclusion Table of Cases Table of Legislation Subject Index.
Continuity, Legitimacy, and Agricultural Development: Conclusions
This chapter aims at bringing together the principal conclusions of the volume, emphasising some particular aspects and questions. Policy continuity in relation to the late 1980s was rightly defined by the Aylwin government policymakers as an essential instrument for further agricultural growth. But in a democratic environment the Aylwin policies, in part precisely because of their strong element of continuity, could be implemented only if they were perceived as legitimate by the majority of the rural population, and by the poor in particular. This means that substantial improvements in agricultural income distribution, and in the quantity and quality of the social services provided to the rural poor, were unavoidable. In order to achieve legitimacy it was, and is, necessary to introduce changes. A lucid, creative combination of continuity and change was the only guarantee of success for the Aylwin policies, and for those of future democratic administrations. Continuity and legitimacy are the fundamental pillars for democratic agricultural development.