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cost to the relevant legislative objective’) as well as by legislative
‘burdens of inertia’ (relating, for instance, to the time-consuming
nature of the legislative process, lack of capacity and the partypolitical
driving forces behind legislative agendas). 11
Civil society and non-governmental institutions may contribute to
constitutional dialogue. At their best, they will engage directly
legislatures and policy makers and facilitate and structure further
debate between these institutions, social movements and the
individual beneficiaries of rights. In South Africa, particular mention
should be made of the role of the South African Human Rights
Commission (SAHRC). The SAHRC is a constitutionally created, independent
institution tasked with monitoring government compliance
with socio-economic rights as well as with conducting research,
raising awareness, initiating and contributing to judicial proceedings
and with other functions relating to the elaboration of the content of
human rights. 12
Beyond institutional players, social movements, rights-activists
and individual litigants all have a crucial role in translating socioeconomic
rights from ‘the bottom up’. In particular, individual
beneficiaries of socio-economic rights are best-placed to articulate
the needs that the rights should aim to satisfy. 13 By voicing their
needs in the form of rights-claims, beneficiaries direct the subjectmatter
of the constitutional dialogue to issues directly pertaining to
the satisfaction of these needs. However, the very poverty and
material deprivation that shape these needs often contribute to
rendering their expression inaudible to political and judicial
processes. For instance, the voices of individual victims of socioeconomic
rights violations are often muted by the victims’ inability to
11
Dixon (2 above) text accompanying n 60-62.
12 See FC sec 184 read with the Human Rights Commission Act 54 of 1994. On the
role of the SAHRC in the translation of socio-economic rights see CH Heyns ‘Taking
socio-economic rights seriously: The “domestic reporting procedure” and the role
of the South African Human Rights Commission’ (1999) 32 De Jure 195; J Klaaren
‘A second look at the South African Human Rights Commission, access to
information, and the promotion of socioeconomic rights’ (2005) 27 Human Rights
Quarterly 539; S Liebenberg ‘Violations of socio-economic rights: The role of the
South African Human Rights Commission’ in P Andrews & S Ellmann (eds) The
Post-Apartheid Constitutions: Perspectives on South Africa’s Basic Law (2001)
405; DG Newman ‘Institutional monitoring of social and economic rights: A South
African case study and a new research agenda’ (2003) 19 South African Journal on
Human Rights 189.
13 See, eg, MJ Matsuda ‘Looking to the bottom: Critical legal studies and
reparations’ (1987) 22 Harvard Civil Liberties Civil Rights Law Review 323; PJ
Williams ‘Alchemical notes: Reconstructing ideals from deconstructed rights’
(1987) 22 Harvard Civil Liberties Civil Rights Law Review 401 410-414.