Transformative Constitutionalism in a Neoliberal World: Revisiting the Global Significance of the South African Experience of Economic and Social Rights Adjudication

Anashri Pillay

Chapter 10 in Research Handbook on Global Governance, 2025, pp 206-231 from Edward Elgar Publishing

Abstract: Literature concerning comparative perspectives on international law tends to focus on the reception of international law into domestic legal systems. This chapter seeks to examine the intersection between comparative constitutional law and global governance by looking at the role of national legal systems in shaping international norms. The chapter examines this side of the relationship through the lens of economic and social rights (ESR) implementation, specifically through the impact and influence of the South African approach to these rights. The chapter asks why this national approach has exerted such a hold over ESR discourse since the 1990s. The case study also provides an opportunity to consider how the South African approach has been shaped by global factors. The chapter concludes by revisiting the significance of the South African ESR jurisprudence, both in terms of its historical importance and its future impact on the treatment of ESR at an international level.

Keywords: Economic and social rights; South Africa; Transformative constitutionalism; Optional Protocol ICESCR; Comparative perspectives on international law (search for similar items in EconPapers)
Date: 2025
ISBN: 9781789906325
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