JOURNAL OF UWC FACULTY OF LAW | ISSN 2077-4907 | Short URL www.ldd.org.za

The implication of socio-economic rights jurisprudence for government planning and budgeting: The case of children's socio-economic rights

Volume: Volume 8(2) - 2004

Article type: Refereed article

Author/s: Creamer, Kenneth

Kenneth Creamer sets out to develop a framework for assessing government programmes which are designed to promote the realisation of socio-economic rights. A central theme, given the difficulties faced by the courts in adjudicating disputes with socio-cconomic ramifications, is that both the Executive and thc Legislature should be guided by rights jurisprudence in exercising their functions and interpreting the rights in question.

This would serve to clarify not only the extent of the government's obligations but also the extent to which government programmes for advancing these rights are likely to pass constitutional muster. Given that Parliament is currently empowered only to accept or reject money bills tabled by the Executive, it is argued that Parliament needs to enact a statute providing for the amendment of money bills in accordance with section 77(3) of the Constitmion.

About the author/s

Kenneth Creamer

Advocate and lecturer, University of the Witwatersrand

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