Falls the shadow between the promise and the reality of the South African Constitution
The gap between the promise of the South African constitution and the reality of life for most South Africans is a significant problem that requires urgent attention, and this book explores that gap-its causes, its meaning, and its implications. On the face of it, the country's constitution pro...
Other Authors: | , , , |
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Format: | eBook |
Language: | Inglés |
Published: |
Cape Town, South Africa :
UCT Press
2013.
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Subjects: | |
See on Biblioteca Universitat Ramon Llull: | https://discovery.url.edu/permalink/34CSUC_URL/1im36ta/alma991009799927406719 |
Table of Contents:
- Front cover; Title page; Copyright; Table of contents; List of contributors; Foreword; Acknowledgements; Acronyms; Table of cases; Introduction: Mind the gap! The Constitution as a blueprint for security; The Constitution as a blueprint for security; Government constrained by law; The gap between the constitutional promise and the reality; Outline of the book; Conclusion; End notes; References; Chapter 1: You can't eat the Constitution: Is democracy for the poor?; 1.1 Introduction; 1.2 Progress and challenges in the alleviation and eradication of poverty
- 1.2.1 Income poverty: Progress and challenges 1.2.2 Human capital poverty; 1.2.3 Asset poverty; 1.2.4 Economic growth and employment; 1.2.5 Inequalities; 1.3 Gap between promises and performance: Basis and implications; 1.3.1 Basis for the challenges; 1.3.2 Implications and consequences of high levels of poverty and inequality; 1.4 Ensuring democracy for the poor; 1.5 Conclusion; End notes; References; Chapter 2: Access to justice: The role of legal aid and civil society in protecting the poor; 2.1 Introduction; 2.2 Background: Access to justice and public interest litigation in South Africa
- 2.3 The development of the Legal Aid Board 2.3.1 Reconstitution of the LAB in 1996; 2.3.2 An emerging and expanding mandate: 1996-2006; 2.3.3 Consolidation and challenges in the period: 2007-2011; 2.4 The role of civil society, past and present; 2.5 Landmark cases; 2.5.1 Access to justice and the right to legal representation; 2.5.2 Social and economic rights: Housing, land and healthcare; 2.6 Recent positive developments; 2.7 Conclusion; End notes; References; Chapter 3: Security and the Constitution: Xenophobia. Whose rights? Whose safety?; 3.1 Introduction
- 3.2 Non-nationals enjoy constitutional rights in theory in South Africa 3.3 International response to xenophobia in South Africa; 3.4 The 2008 xenophobic crisis; 3.5 The SAHRC's response to the xenophobic crisis; 3.6 The impact on economic and social rights; 3.7 The impact on civil and political rights; 3.8 Victims of xenophobia have little access to remedies; 3.9 Few perpetrators were held accountable for the xenophobic violence; 3.10 Conclusion; End notes; References; Chapter 4: Custom and constitutional rights: An impossible dialogue?; 4.1 Introduction; 4.2 Village case studies
- 4.2.1 Masakhane 4.2.2 Ndlambe; 4.2.3 Prudhoe; 4.2.4 Rabula; 4.3 Historical evolution of tribal governance; 4.3.1 Apartheid co-option of traditional leaders; 4.3.2 Rural democratic struggles; 4.4 Traditional leadership in the Constitution; 4.5 Impact of the TLGFA in the four villages; 4.6 Traditional leaders and the democratisation of rural local government; 4.7 Who makes customary law?; 4.8 Democracy and tradition: the permanence of co-option; 4.9 Conclusion; End notes; References; Chapter 5: Access to social security: The case of mining diseases in South Africa; 5.1 Introduction
- 5.2 The right to access social security and compensation for mining diseases