Re-thinking the Constitution's Rights-based Approaches and Klare's Social Change Phenomenon: A View towards Securing Human Well-being and Societal Stability

• Author: Mashele Rapatsa
• Position: Lecturer, School of Law, University of Limpopo, South Africa & PhD Candidate, University of Groningen (the Netherlands)
• Pages: 65-79

JURIDICA

65

Re-thinking the Constitution’s Rights-based

Approaches and Klare’s Social Change

Phenomenon: A View towards Securing

Human Well-being and Societal Stability1

Mashele RAPATSA

2

Abstract:          -1994 constitutional

trajectory, with speci fic emphasis on interpretation, application, enforcement and realization of first,

second and third generation rights as potential panaceas to challenges inhibiting socio-legal

transformation. It forges an adoption of an interdisciplinary approach, relying extensively on

     conceptualization of Transfor mative Constitutionalism

and social change, the traditional rights-based approaches to human development and well-being, and

  Capabilities Approach. It utilizes these theories as tools of

analysis, to essentially evaluate their potential impact when tested against prime values grounded in

           gst

proletariats. These tools are utilised to make an assessment of material socio-economic conditions

afflicting indigent communities, in an effort to provide explanations regarding identifiable gaps

existing in so cial policy and strict legal norms and/or   

  -based approaches will remain hollow lest not augmented by strong

ideological instruments that are people -      

social transformation agenda, as an ongoing process, be complemented by ideologically sound

approaches that adequately safeguard the well-being of humanity.

Keywords: Constitutionalism; legal norms; human rights; social change; human well-being

1. Introduction

At the center of attention in this article is the idea of inspiring better thoughts in

     

 

1

This article was developed from a paper which the author presented at the 13th Annual Conference

of the South African Chapter of International Association of Women Judges (S AC-IAWJ), 11-13th

August 2017, whose theme was    , at

the Ranch Hotel, Polokwane, South Africa.

2

Lecturer, School of Law, University of Limpopo, South Africa & PhD Candidate, University of

Groningen (the Netherlands), Address: Private Bag X1106, Sovenga 0727, South Africa,

Corresponding author: mashele.rapatsa@ul.ac.za.

AUDJ, vol. 13, no. 3/2017, pp. 65-79