Alleviating Poverty through the Constitutional Court

Abstract

Constitutional human rights litigation has the potential to play an important role within a broader eradication of poverty strategy but new litigation tools need to be developed which are more appropriate for litigating on economic and social rights, including human rights budgets and indicators. New approaches also have to be adopted including identifying the minimum core of the government's obligations in relation to each right and an appropriate standard of review by the Court. Essential in using the courts to help alleviate poverty is a judiciary with vision and lawyers with compassion. In devising a test case strategy for combating poverty, the alleviation of poverty of a specific group offers significant advantages.

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