Cass Sunstein, Supreme Ginsburg and the S. African Constitution


Why the South African Constitution is better than the U.S. goes on to describe the good news.  I have been scouting around in order to find out what Supreme Ginsburg had in mind for us as well as Egypt. What do you know, Cass Sunstein’s name crops up. Does anyone, can anyone not understand where we are headed with Obama? Here we go. A portion of the above link, then Sunstein.

Cass Sunstein said that the South African Constitution is “the most admirable constitution in the history of the world.” It contains a lengthy list of socio-economic rights, which the drafters hoped would protect and assist those disadvantaged by Apartheid and those who are poor and vulnerable. The relatively new South African Constitutional Court has required the government to implement these rights. Conversely, the United States Supreme Court has been unwilling to find socio-economic rights in the United States Constitution, in part because of separation of powers concerns.

This paper is divided into three parts. The first part describes some of the distinctive features of the South African Constitution, and compares these features with the United States Constitution. Part two discusses the South African socio-economic rights cases. Finally, part three critically examines American constitutional jurisprudence on socio-economic rights. This paper seeks to demonstrate that the South African Court has accomplished quite a feat: it has made clear that socio-economic rights are enforceable, but has interpreted economic rights in a way that limits separation of powers concerns. Moreover, this paper asserts that the United States Supreme Court should reconsider its separation of powers objections in light of these South African decisions Paper at above link.

Social and Economic Rights? Lessons from South Africa

Link below:

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http://papers.ssrn.com/sol3/papers.cfm?abstract_id=269657#

Cass R. Sunstein


Harvard Law School

May 2001

U of Chicago, Public Law Working Paper No. 12; U Chicago Law & Economics, Olin Working Paper No. 124 

 

Abstract:     
Do social and economic rights belong in a democratic constitution? Skeptics have wondered whether it is possible to constitutionalize such rights without imposing an untenable managerial responsibility on courts. In an extraordinary decision, the Constitutional Court of South Africa has provided a new approach to social and economic rights, one that respects the fact of limited resources while also requiring governmental attention to basic needs. This new approach might be called an administrative law model of constitutional rights. It contains considerable promise, because it recognize rights to reasonable programs, rather than to protection of each individual, a path that might well be beyond governmental capacities.

Why the South African Constitution is better than the U.S. goes on to describe the good news.

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15 Responses to “Cass Sunstein, Supreme Ginsburg and the S. African Constitution”

  1. Is Obama Trying To Pick A Fight? And, If So, What Does He Hope To Accomplish? Says:

    […] CASS AGREES WITH RUTH: THE US CONSTITUTION SUCKS I BETCHYA BARRY HUSSEIN SOETORO OBAMA AGREES WITH WHAT CASS WROTE HERE AT THIS LINK, TOO: THE US CON… […]

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  2. Always On Watch Says:

    Cass Sunstein again? Well, I’m not surprised.

    He is behind a lot more than most of us know about, I think.

    Like

  3. The Conservative Hill Billy Says:

    Reblogged this on theconservativehillbilly and commented:
    Ruthie needs to be removed from the bench yesterday. Any court judge who believes that our constituion is somehow not “good” enough in 2012 to be a model for an emerging nation, should not be ruling on constituional issues.

    Like

  4. The Conservative Hill Billy Says:

    Ruthie needs to be removed from the bench yesterday. Any court judge who believes that our constituion is somehow not “good” enough in 2012 to be a model for an emerging nation, should not be ruling on constituional issues.

    Like

  5. Conservatives on Fire Says:

    “It contains a lengthy list of socio-economic rights, ”

    When rights come from government, liberty no longer exist.
    If Obama is re-elected and is able to name one or two Supremes, America as we have known it will be no more. If Romney is elected, America will die somewhat slower. I hope conservatives start giving to the Santorum campaign. He can not win the nomination with out a lot of money and organization.

    Like

    • bunkerville Says:

      I am with you Jim. It was nice to see Santorum make some headline. If he just stays out of the Social issue trap that will be set for him, he may have a chance, IMO

      Like

    • Steve Dennis Says:

      Amen to that. Rick Santorum said in his voctory speech last night that if a government gives you rights, that government can also take them away or tell you how use must use them. People would do well to remember those words as they head to the polls in November.

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      • bunkerville Says:

        With the Obamacare issue resurfacing, the time is perfect for someone like Santorum. I was getting weary of Romney and his attacks.

        Like

  6. Angel Says:

    so heartwarming how much our so called leaders hate our very own Nation eh!

    Like


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