IAFS 3000 Lecture Notes - Lecture 9: Negative And Positive Rights, Lists Of Landmark Court Decisions
21 Dec 2016
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The landmark case of grootboom v. the republic of south africa: landmark case in international jurisprudence, first time in any nation that a constitutional court enforced the constitutionality of a socioeconomic right which: i. Gives legitimacy to the second generation of citizens rights: set international precedent for other governments to deliver socio-economic rights contained in their own constitutions. What are socio-economic rights: right to, housing, food, clothing, education, issues w/ them i. Vague: so if government guarantees the right to adequate housing, what exactly is adequate housing? (plumbing, electricity, etc. , lacked juridical precedent, they are positive rights, positive = oblige others to act, ex. Healthcare: negative = require others to restrain themselves from acting, ex. freedom of speech, opponents of socio-economic rights, have argued that the judiciary has no place to enforce social justice in a representative democracy. If those costs are not covered, water will not be supplied.
