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Article
Author(s)
Nlerum S. Okogbule
Cleverline T. Brown
Full-Text PDF XML 642 Views
DOI:10.17265/1548-6605/2019.02.002
Affiliation(s)
Rivers State University, Port Harcourt, Nigeria
University of the West of England, Bristol, United Kingdom
Rivers State University, Port Harcourt, Nigeria
ABSTRACT
Social and economic rights
have undergone tremendous transformation
over the years. Initially regarded with disdain and contempt, and as rights
only to be realized progressively, these rights have increasingly become the
cornerstone of activism in the quest for the protection of human rights in
Africa. This stems from recognition of
the importance of these rights in the lives of the ordinary African,
particularly because they deal with issues concerning the basic necessities of
life. The enforcement of such rights can therefore
be a useful catalyst in the transformation of African societies. There is no
doubt that in striving towards egalitarian
transformation of society and the achievement of social justice, the
constitution serves as a veritable touchstone and provides guiding principles
for the effective governance of societies. This is where judicial activism
comes in since mere constitutional stipulation of these rights is insufficient
to guarantee their enjoyment. It is therefore imperative for African judges to
be conscious of the challenges inhibiting the enforcement of these rights and
interpret constitutional and legal instruments in a manner that will promote
their enforcement. Using some well-known cases in South Africa, the African
Commission on Human and Peoples’ Rights, as well as the West African Court of
Justice and Human Rights, the paper argues for an expansive interpretation and
application of the constitutional provisions on these rights in order to
enhance positive transformation of African States and make the constitutional
provisions on these subjects meaningful to the ordinary African.
KEYWORDS
Africa, social and economic rights, transformative constitutionalism, judicial activism
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