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Adjudicating Non-Justiciable Rights: Socio-Economic Rights And The South African Constitutional Court, Eric C. Christiansen Jan 2007

Adjudicating Non-Justiciable Rights: Socio-Economic Rights And The South African Constitutional Court, Eric C. Christiansen

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This paper begins with an examination of social rights in the South African constitutional drafting process. Following a review of the traditional arguments against the justiciability of socio-economic rights, it then examines the South African Constitutional Court cases addressing social rights, focusing on four primary cases: the antecedent case Ex parte Chairperson of the Constitutional Assembly: In re Certification of the Constitution of the Republic of South Africa, 1996 and three substantive social rights cases, Thiagraj Soobramoney v Minister of Health, KwaZulu-Natal, Government of Republic of South Africa v Irene Grootboom and Others, and Minister of Health v Treatment Action …


The Insistent (And Unrelenting) Challenges Of Protecting Biodiversity In Brazil: Finding The Law That Sticks, Colin Crawford, Guilherme Pignataro Jan 2007

The Insistent (And Unrelenting) Challenges Of Protecting Biodiversity In Brazil: Finding The Law That Sticks, Colin Crawford, Guilherme Pignataro

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Following the introduction, Part I of this article will outline threats to biodiversity within Brazil's borders. Because this is a topic that has already been explored extensively, this article makes no attempt to cover that ground exhaustively. Instead, Part I will attempt to highlight the variety and extent of Brazilian ecosystems and the biodiversity within them. Part I will also discuss current and emerging threats to biodiversity in Brazil, and above all, threats that have become even more real since the United Nation's celebrated "Earth Summit," held in Rio de Janeiro in 1992. In particular, Part I will focus on …


Toward A Sui Generis View Of Black Rights In Canada? Overcoming The Difference-Denial Model Of Countering Anti-Black Racism, Lolita Buckner Inniss Jan 2007

Toward A Sui Generis View Of Black Rights In Canada? Overcoming The Difference-Denial Model Of Countering Anti-Black Racism, Lolita Buckner Inniss

Publications

No abstract provided.