TITLE

THE RIGHT TO EDUCATION UNDER THE SOUTH AFRICAN CONSTITUTION

AUTHOR(S)
Berger, Eric
PUB. DATE
April 2003
SOURCE
Columbia Law Review;Apr2003, Vol. 103 Issue 3, p614
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The South African Constitution epitomizes a new breed of modern constitution, enshrining socioeconomic rights rather than only "negative" liberties. Among these is the right to education. However, despite the Constitution's progressive values, many South African schools remain inadequate. This Note argues that, given the opportunity, the South African Constitutional Court should hold the current educational system unconstitutional as applied to the worst schools. Constitutional text, purpose, and precedent, indeed, mandate this outcome. Moreover, vindicating the constitutional right to education will help South Africa attain other social and economic goals. However, in keeping with its other socioeconomic rights cases, the Court must carefully craft its decision so as not to offend separation-of-powers principles. The Court must thus provide the legislature enough flexibility to consider budgetary and other constraints while ultimately protecting education's vital role in a healthy democracy.
ACCESSION #
9670606

 

Related Articles

  • THE RIGHT TO EDUCATION IN JUVENILE DETENTION UNDER STATE CONSTITUTIONS. Twomey, Katherine // Virginia Law Review;May2008, Vol. 94 Issue 3, p765 

    The article discusses the study concerning the right to education in juvenile detention under U.S. state constitutions. It explores an overview of the Juvenile Justice System, the federal constitutional challenges, and the state constitutional challenges. It argues that children in juvenile...

  • Children's Rights are Human Rights. James, Joye // Loyola Journal of Social Sciences;Jul-Dec2010, Vol. 24 Issue 2, p109 

    The author reflects on the rights of children in India. She notes that neglect of child protection can lead into several violations of their rights including abuse, exploitation, and physical and mental violence. She emphasizes the need for political will and committed bureaucracy in order to...

  • EL DERECHO A LA EDUCACIÓN Y SUS RECULACIONES BÁSIC AS EN EL DERECHO CONSTITUCIONAL CHILENO E INTERNACIONAL DE LOS DERECHOS HUMANOS. Alcalá, Humberto Nogueira // Ius et Praxis (07172877);Dec2008, Vol. 14 Issue 2, p209 

    Through this article delineates the right to education by determining the basic attributes that make up the law and its borders, taking into consideration the constitutional law and international law of human rights, especially the International Convention of Economic, Social and Cultural...

  • MINIMUM STANDARD OF LIVING GUARANTEED BY CONSTITUTION. BREZULEANU, Mădălina // Universul Juridic;2016 Supplement, p40 

    This article addresses the topic of the state obligation to guarantee the minimum economic necessary standard of living, from a double perspective - the legal and the economic one. It analyzes the extent to which constitutional law has more than a declaratory effect of the desire of the state...

  • India: Constitutional amendment making the right to education a Fundamental Right. Sripati, Vijayashri; Thiruvengadam, Arun K. // International Journal of Constitutional Law;Jan2004, Vol. 2 Issue 1, p148 

    Constitutional history of the right to education—article 45 of the Constitution and attempts to implement it—the initiative of the Supreme Court of India—the Constitution (Ninety-third Amendment) Bill—criticism by NGOs, civic groups, and other institutional actors.

  • El derecho a la educación intercultural bilingüe (EIB) de las comunidades nativas del Perú. ORDOÑEZ ROSALES, PAOLA BRUNET // Pensamiento Constitucional;2013, Vol. 18 Issue 19, p429 

    This article discusses the civil rights associated with bilingual education among the native population in Peru. The author comments on the constitutional laws regarding bilingual indigenous education and describes the importance of the maintenance of indigenous cultural identity. The legal...

  • El derecho a la educación intercultural bilingüe (EIB) de las comunidades nativas del Perú. ORDOÑEZ ROSALES, PAOLA BRUNET // Pensamiento Constitucional;2013, Issue 18, p429 

    This article discusses the civil rights associated with bilingual education among the native population in Peru. The author comments on the constitutional laws regarding bilingual indigenous education and describes the importance of the maintenance of indigenous cultural identity. The legal...

  • A lawyer lectures a judge. Berger, Raoul // Harvard Journal of Law & Public Policy;Summer95, Vol. 18 Issue 3, p851 

    Presents an essay entitled `A Lawyer Lectures a Judge,' by Raoul Berger that hinges on the nature of the constitution.

  • Cross vesting: Good law bad policy? Wilson // Legaldate;Sep99, Vol. 11 Issue 4, p8 

    Reports on the decision of the High Court of Australia that the foundations of the Corporations Law are constitutionally invalid, which allowed for cross vesting or the transfer of some State powers to the Commonwealth courts.

Share

Read the Article

Courtesy of THE LIBRARY OF VIRGINIA

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics