JOURNAL OF UWC FACULTY OF LAW | ISSN 2077-4907 | Short URL www.ldd.org.za

“Dreams and aspirations deferred?”: The Constitutional Court’s approach to the fulfilment of socio-economic rights in the Constitution

Volume: Volume 26 - 2022

Article type: Forum contribution

Author/s: Justice Steven Majiedt

Dean’s Distinguished Lecture delivered at the Faculty of Law, University of the Western Cape, 3 October 2022. The Dean’s Distinguished Lectures were initiated in 2015, with the following judges as speakers: Dikgang Moseneke (2015), Navi Pillay (2016), Edwin Cameron (2017), Bernard Ngoepe (2018) and Mahomed Navsa (2019). The onslaught of COVID-19 brought with it a temporary interruption to the Dean’s Distinguished Lectures. Justice Steven Majiedt, who presented the lecture in 2022, obtained the BA (law) and LLB degree from UWC in 1981 and 1983 respectively. In his lecture, Justice Majiedt emphasised the important role played by the Constitutional Court as apex court in giving effect to the fulfilment of socio-economic rights. The deferential path adopted by the court when adjudicating socio-economic rights issues was highlighted with reference to a reluctance to define minimum core obligations and an abiding recognition of the duty imposed upon the state in the progressive realisation of such rights that has been subsumed in the principle of reasonableness.

About the author/s

Steven Majiedt

No information available.

Click here for biographical detail and publications listing

Click to view and download article

law library 01