The integrity of socio-economic rights in a public law rights theory in Africa

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.