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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:The justiciability of socio-economic rights in Botswana
Author:Dinokopila, Bonolo RamadiISNI
Year:2013
Periodical:Journal of African Law (ISSN 0021-8553)
Volume:57
Issue:1
Pages:108-125
Language:English
Geographic term:Botswana
Subjects:social and economic rights
legislation
lawsuits
Link:http://ejournals.ebsco.com/direct.asp?ArticleID=4E2E9A7EB9EFEDC9E410
Abstract:The judicial enforcement of socio-economic rights remains a challenge in many countries. This is generally attributable to the inadequacy of a particular country's legal framework, in particular its constitutional framework. Given the importance of judicial remedies in litigation, in particular public interest litigation, this article considers possibilities for the judicial enforcement of socio-economic rights in Botswana. It discusses the institutional, legal and constitutional framework for the promotion, protection and fulfilment of socio-economic rights in the country. It also tackles the issue of whether the judicial enforcement of socio-economic rights is easily achievable when those rights are not constitutionally entrenched. The article also considers whether the absence of directive principles of State policy within Botswana's Constitution is a hindrance to the judicial enforcement of socio-economic rights in Botswana. Within that context, it highlights the possible means of judicial enforcement of socio-economic rights in that country. Notes, ref., sum. [Journal abstract]
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