Abstract:
On that account, this work argues that the essence of law in young
African democracies must cohere with a theory of public law rights
which respects and protects the wellbeing of the people by seeing
socio-economic rights as an integral part of the rule of law. By this,
rights listed in the constitutions of these states are not exhaustive of
the rights intended to be enforced in these legal systems, and that
theories of legal rights and moral rights should be integrated not only
for a complete and comprehensive theory of rights, but also to aid
judicial incorporation of rights norms that are necessary for the
sustenance of values inherent in a constitutional democracy and
human dignity.