Original Research

The Role of Courts in the Enforcement of Socio-Economic Rights under the 2013 Constitution of Zimbabwe

N. Ndhlovu
Africa’s Public Service Delivery & Performance Review | Vol 3, No 4 | a97 | DOI: https://doi.org/10.4102/apsdpr.v3i4.97 | © 2015 N. Ndhlovu | This work is licensed under CC Attribution 4.0
Submitted: 23 November 2016 | Published: 01 December 2015

Full Text:

PDF (310KB)

Share this article

Bookmark and Share

Abstract

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.

Keywords

Law enforcement; Courts; Judiciary; Socio-economic rights; Constitution; Zimbabwe

Metrics

Total abstract views: 309
Total article views: 405


Crossref Citations

No related citations found.