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The newly adopted Constitution of the Republic of Zimbabwe ushers in a new constitutional dispensation based upon a set of key constitutional principles. Such principles include the rule of law, judiciary independence, multipartism. more

The newly adopted Constitution of the Republic of Zimbabwe ushers in a new constitutional dispensation based upon a set of key constitutional principles. Such principles include the rule of law, judiciary independence, multipartism, government transparency and accountability, respect for fundamental human rights, constitutional supremacy and the doctrine of limited government, judicial review and constitutional separation of powers. Whilst it is true that these principles were provided for under the old Constitution, this book notes that the new Constitution has widened and deepened the scope of these principles. For instance, the new Constitution introduces a constitutional dispensation based upon a wider Declaration of Rights, which unlike the previous one, provides for socio-economic and cultural rights as fundamental rights.

The first chapter of this book briefly discusses how these constitutional principles are provided for under the new Constitution of Zimbabwe and how they should shape the new constitutionalism in Zimbabwe. The book proceeds to identify the socio-economic and cultural rights provided for under the new Constitution of the Republic of Zimbabwe.The book also discusses the principles guiding the interpretation of the Declaration of Rights, enforcement as well as limitation of these rights and possible remedies against the limitation of these socio-economic and cultural rights.

With reference to international law, decisions of superior foreign courts, the Zimbabwean jurisprudence as well as relevant academic works, this book provides a commentary on each socio-economic right; discussing the general meaning, scope and content of each of these rights. In examining the content and scope of these rights, this book extensively relies on academic works, international and foreign law because the

Zimbabwean jurisprudence on these rights is still very young since the new Constitution is just one year old at the time of publishing this book. However, the local jurisprudence has been used as far as possible in providing these commentaries.

It is our hope as authors of this book that this will be a useful tool in guiding lawyers, government officials, students, the judiciary and citizens as they seek to engage with and enforce the Declaration of Rights, particularly the socio-economic and cultural rights enshrined therein.

Justice Alfred Mavedzenge