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“TOWARDS A HAPPY, PROSPEROUS AND FULFILLING LIFE”: RECOGNISING THE RIGHT TO DEVELOPMENT IN THE ZIMBABWEAN CONSTITUTION
2017-12-14 14:44:32   来源:   作者:Kucaca Ivumile Phulu
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The courts in Zimbabwe have a constitutional power to recognise other rights that are outside the Declaration of Rights. Although the notion of development is peppered throughout the Constitution, there is no specific wording referring directly to a right to development. However, the Right to Development is a stand-alone right that is found in international law particularly the African Charter on Human and People’s Rights.
 
This paper analyses the nature and character of the Right to Development and distills the elements of the Right to Development from the African Charter as interpreted by the Endorois case. These elements are used to analyse selected constitutional provisions to see if they established the Right to Development outside the Declaration of Rights.
 
The content of the Right to Development as set out in international law jurisprudence can be discerned from the text and spirit of the constitutional provisions and as such the Right to Development is established particularly in section 13 as read with other sections and protected by the Constitution of Zimbabwe and is accordingly justiciable.
 
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