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Books > Law > Jurisprudence & general issues > Law & society
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Realising the Right to Basic Education: The Role of the Courts and Civil Society (Paperback)
Loot Price: R433
Discovery Miles 4 330
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Realising the Right to Basic Education: The Role of the Courts and Civil Society (Paperback)
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Loot Price R433
Discovery Miles 4 330
Expected to ship within 4 - 8 working days
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Realising the Right to Basic Education examines the crucial roles
of civil society and the courts in developing the right to
education in South Africa amid substantial and persistent
inequalities in education provisioning. Unlike other socio-economic
rights in the Constitution, the right to basic education is framed
as an unqualified right - it is not subject to qualifiers such as
'progressive realisation' and 'within the state's available
resources'. Yet, two and a half decades into South Africa's
constitutional democracy, the apartheid legacy of unequal education
still lingers. Poor, predominantly black learners continue to
attend historically disadvantaged schools that are often severely
under-resourced, producing poor learner outcomes. This has given
rise to a wave of civil society activism since around 2008 - and
organisations have been utilising legal mobilisation as a key tool
to effect change in historically disadvantaged schools. The
litigation initiated by these organisations has contributed to a
rich and evolving jurisprudence on the right to basic education as
a substantive right. However, in a significant number of these
cases, the relevant education departments have not complied with
court orders, requiring litigants to seek increasingly innovative,
experimentalist and even coercive remedies to ensure that judgments
are implemented. Realising the Right to Basic Education presents an
overview of these education-provisioning cases and the roles played
by civil society and the courts. It analyses the contribution of
these two role-players in the normative development of the right to
basic education. The book also aims to identify a viable framework
for interpreting the right to basic education - one that can guide
South Africa towards adequate education provisioning and,
ultimately, facilitate transformation of basic education in South
Africa's historically disadvantaged schools.
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