• DOI:10.2139/SSRN.2296609
Corpus ID: 153427522

The South African Constitutional Court and Socio-Economic Rights as 'Insurance Swaps'

@inproceedings{Dixon2011TheSA,
  title={The South African Constitutional Court and Socio-Economic Rights as 'Insurance Swaps'},
  author={R. Dixon and T. Ginsburg},
  year={2011}
}

R. Dixon, T. Ginsburg

Published 2011

Political Science

The political origins of various civil and political rights have been clearly theorized by Tom Ginsburg and others in work on the "insurance-based" function of judicial review in new democracies. To date, however, there has been relatively little work on the political origins of socioeconomic or second generation rights, such as rights to housing or health-care. The essay attempts to fill this gap, by expanding existing insurance-based theories to account for the potential insurance swap-based… CONTINUE READING

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