The quest for socio‐economic rights: The rule of law and violent protest in South Africa

Abraham Klaasen

Sustainable Development, 2020, vol. 28, issue 3, 478-484

Abstract: Socio‐economic protests in South Africa are increasingly violent with citizens demanding their constitutionally guaranteed rights whilst ignoring the rule of law. The weakening of the rule of law holds serious implications for democracy in South Africa. This paper explores the rule of law, socio‐economic rights and violent protest in South Africa. The realisation of socio‐economic rights, the reasons for violent protest and the weakening of the rule of law are investigated. Two conventional methodologies for strengthening the rule of law, the institutional approach and the neocultural interventionist approach, are explored. This paper argues that violent citizen protest highlights the urgent need for reform to strengthen the rule of law in South Africa. Such reform can be found in the acknowledgment that the realisation of socio‐economic rights form part of the substantive components of the rule of law. This acknowledgment allows for an integrated and problem‐solving approach to the rule of law; focusing on problems experienced by end users of the law system. A problem‐solving approach to strengthening the rule of law allows the courts, legal scholars and legal practitioners to provide opportunities for communities to realise socio‐economic rights and thereby fulfilling the substantive components of the rule of law.

Date: 2020
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https://doi.org/10.1002/sd.2038

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Persistent link: https://EconPapers.repec.org/RePEc:wly:sustdv:v:28:y:2020:i:3:p:478-484

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