| dc.description.abstract | The thesis offers dialogic approach as an appropriate tool for crafting appropriate judicial remedies for socio-economic rights violations. The central argument in the study is that salient characteristics of socio-economic rights make their enforcement complex and controversial, thus presenting judiciaries with much more practical and conceptual challenges. As cross-jurisdictional inquiry show, these challenges, drawn extensively from separation of powers, have been shown to possess the potential of impeding protection and realization of social justice through the judicial mechanism. It is recognized that some of these rights exert much more affirmative obligation on the state and require resources for their implementation. For this reason, their violations require the courts to dispense distributive justice aimed at remedying social situations of larger sections of society not represented before the court. It is argued that the Constitution of Kenya has vested the courts with much more powers, including but not limited to rights protection and effectuating social justice that article 43 underlies. Since article 43 rights entail some level of executive and legislative action; to wit programmes, policy formulation, resources allocation, budgetary spending, it is contended that a judicial review of these actions must take into account and respect the demarcated roles that other domains of power enjoy in a constitutional democracy. The study thus proceeds from a standpoint that collaborative and partnership engagement between the three arms of government on social policy-based claims is imperative as an intermediate pathway for avoiding the supremacy frictions between the judiciary, parliament and the executive that may characterize their enforcement. Dialogic approach in crafting remedial measures for needs-based claims is strongly advocated for adoption by Kenyan courts. With an underpinning constitutional basis, dialogue is justified as a mechanism for creating additional forum for multi-actors engagement on social welfare matters, strengthened by specialized skills that civil society and advocacy groups may inject in a participatory process sanctioned by court | en_US |
