The Role of Courts in the Enforcement of Socio-Economic Rights under the 2013 Constitution of Zimbabwe
The aim of this paper is to illustrate that courts play an important role in the domestic protection of socio-economic rights. In order to ensure that socio-economic rights are effectively protected and enforced, this paper identifies and discusses the framework for protecting socio-economic rights...
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doaj-a2cf76cfcc3a4752a9a01a97c961c68b2020-11-24T23:56:27ZengAOSISAfrica’s Public Service Delivery & Performance Review2310-21952310-21522015-12-0134295610.4102/apsdpr.v3i4.9796The Role of Courts in the Enforcement of Socio-Economic Rights under the 2013 Constitution of ZimbabweN. Ndhlovu0University of Fort HareThe aim of this paper is to illustrate that courts play an important role in the domestic protection of socio-economic rights. In order to ensure that socio-economic rights are effectively protected and enforced, this paper identifies and discusses the framework for protecting socio-economic rights under the 2013 Constitution. The paper discusses the role of the courts in the domestic framework for protecting socio-economic rights under the 2013 Constitution. Secondly, the study discusses the role of the courts in the protection of socio-economic rights. The paper further identifies some of the major conceptual and practical challenges that are likely to arise in the adjudication of socio-economic rights. In that regard, the study attempts to come up with solutions meant to overcome the conceptual and practical challenges that are faced in the enforcement of socio-economic rights. For example, instead of adopting a purely legal-centric approach in interpreting socio-economic rights, it is suggested that courts should adopt a multidisciplinary approach taking into account founding values, historical background, political background, international human rights law norms and comparative law.http://www.apsdpr.org/index.php/apsdpr/article/view/97Law enforcementCourtsJudiciarySocio-economic rightsConstitutionZimbabwe |
collection |
DOAJ |
language |
English |
format |
Article |
sources |
DOAJ |
author |
N. Ndhlovu |
spellingShingle |
N. Ndhlovu The Role of Courts in the Enforcement of Socio-Economic Rights under the 2013 Constitution of Zimbabwe Africa’s Public Service Delivery & Performance Review Law enforcement Courts Judiciary Socio-economic rights Constitution Zimbabwe |
author_facet |
N. Ndhlovu |
author_sort |
N. Ndhlovu |
title |
The Role of Courts in the Enforcement of Socio-Economic Rights under the 2013 Constitution of Zimbabwe |
title_short |
The Role of Courts in the Enforcement of Socio-Economic Rights under the 2013 Constitution of Zimbabwe |
title_full |
The Role of Courts in the Enforcement of Socio-Economic Rights under the 2013 Constitution of Zimbabwe |
title_fullStr |
The Role of Courts in the Enforcement of Socio-Economic Rights under the 2013 Constitution of Zimbabwe |
title_full_unstemmed |
The Role of Courts in the Enforcement of Socio-Economic Rights under the 2013 Constitution of Zimbabwe |
title_sort |
role of courts in the enforcement of socio-economic rights under the 2013 constitution of zimbabwe |
publisher |
AOSIS |
series |
Africa’s Public Service Delivery & Performance Review |
issn |
2310-2195 2310-2152 |
publishDate |
2015-12-01 |
description |
The aim of this paper is to illustrate that courts play an important role in the domestic protection of socio-economic rights. In order to ensure that socio-economic rights are effectively protected and enforced, this paper identifies and discusses the framework for protecting socio-economic rights under the 2013 Constitution. The paper discusses the role of the courts in the domestic framework for protecting socio-economic rights under the 2013 Constitution. Secondly, the study discusses the role of the courts in the protection of socio-economic rights. The paper further identifies some of the major conceptual and practical challenges that are likely to arise in the adjudication of socio-economic rights. In that regard, the study attempts to come up with solutions meant to overcome the conceptual and practical challenges that are faced in the enforcement of socio-economic rights. For example, instead of adopting a purely legal-centric approach in interpreting socio-economic rights, it is suggested that courts should adopt a multidisciplinary approach taking into account founding values, historical background, political background, international human rights law norms and comparative law. |
topic |
Law enforcement Courts Judiciary Socio-economic rights Constitution Zimbabwe |
url |
http://www.apsdpr.org/index.php/apsdpr/article/view/97 |
work_keys_str_mv |
AT nndhlovu theroleofcourtsintheenforcementofsocioeconomicrightsunderthe2013constitutionofzimbabwe AT nndhlovu roleofcourtsintheenforcementofsocioeconomicrightsunderthe2013constitutionofzimbabwe |
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