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 Periodical article |
 Leiden University catalogue |
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| Title: | Towards constitutional protection of socio-economic rights in Kenya: any lessons from the South African experience? |
| Author: | Kindiki, K. |
| Year: | 2001 |
| Periodical: | Lesotho Law Journal: A Journal of Law and Development (ISSN 0255-6472) |
| Volume: | 14 |
| Issue: | 1 |
| Pages: | 51-75 |
| Language: | English |
| Notes: | biblio. refs. |
| Geographic terms: | Kenya East Africa South Africa |
| Subjects: | social and economic rights Bill of Rights constitutional courts law human rights Civil rights constitutional law Kenya. Constitution (1963) constitutional amendments International Covenant on Economic, Social, and Cultural Rights (1966) |
| Abstract: | The Bill of Rights under the Draft Constitution of Kenya includes social, economic and cultural rights. The inclusion of socioeconomic rights as justiciable rights indicates that the Draft Constitution envisages an important role for the judiciary in their enforcement. The Draft Bill draws heavily on the South African Constitution for its normative content and the Kenyan judiciary may want to refer to the fairly progressive jurisprudence that has emanated from democratic South Africa within a relatively short span of time. The South African courts have on several occasions made rather innovative judgments, trying to balance between the need for deference of policy matters to the political branches of government and the need to hold the government accountable for public taxes. The South African experience indicates that it is possible to realize socioeconomic rights in African economies. Notes, ref. [ASC Leiden abstract] |