Title:
The Justiciability Paradox: Examining the Enforcement and Impact of Socioeconomic Rights in African Constitutional Jurisprudence

Authors:
Dr. Emmanuel A.M. Sam, Sierra Leone

Abstract:

African constitutions increasingly enshrine socioeconomic rights (SERs), including housing, healthcare, and education, reflecting a progressive commitment to substantive equality. However, the practical realisation of these rights frequently encounters a significant "justiciability paradox": the tension between judicial pronouncements upholding SERs and their tangible impact on citizens' lived realities. This article examines the legal and practical challenges that impede the effective enforcement of constitutionally guaranteed SERs across various African jurisdictions. Through an analysis of landmark court decisions and jurisprudential developments across the continent, this research investigates how courts have navigated the inherent complexities of adjudicating resource-intensive rights, often balancing judicial activism against concerns of budgetary constraints and separation of powers. We scrutinise the mechanisms and remedies employed by African judiciaries and critically assess the extent to which judicial interventions have translated into meaningful improvements in access to, and quality of, essential services. The article contrasts the aspirational constitutional guarantees with the persistent implementation gaps and socioeconomic inequalities observed in practice. By highlighting the disjuncture between formal constitutionalism and actual societal change, this study aims to offer a nuanced understanding of the obstacles to SERs’ realisation in Africa and propose pathways towards more effective and impactful judicial and policy responses.

DOI: https://doi.org/10.51505/IJEBMR.2026.10406