False hope or a realizable right? The implementation of the right to shelter under the African National Congress' proposed Bill of Rights for South Africa
Article Abstract:
The African National Congress' (ANC) proposal to make the right to shelter part of the new South African Constitution is unique because it would give social rights the same legal import that civil and political rights would have. It also recognizes the connection between housing and land ownership with social and political inclusion. While the move to ground housing rights in the new Constitution is opposed by those who see guaranteed social rights as contrary to a democratic system or as a threat to white majority privilege, it is perhaps the best way for black South Africans to achieve proportional representation.
Publication Name: Harvard Civil Rights-Civil Liberties Law Review
Subject: Social sciences
ISSN: 0017-8039
Year: 1993
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After the federalization binge: a civil liberties hangover
Article Abstract:
The extension of federal jurisdiction to crimes previously only under state jurisdiction undermines prisoners' civil liberties. Concurrent jurisdiction gives federal prosecutors the ability to prosecute selectively and creates a system in which people charged with the same offenses may face different sentences without access to proper legal remedies. Defendants' counsel funding is lacking, perhaps in violation of constitutional guarantees to effective counsel. Civil liberties and federal law enforcement goals could be simultaneously met by installing proper restraints on federal criminal jurisdiction.
Publication Name: Harvard Civil Rights-Civil Liberties Law Review
Subject: Social sciences
ISSN: 0017-8039
Year: 1996
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