“administrative law model” of economic and social rights adjudication,42 South African commentators pointed out its decidedly more robust role.43 The housing program at issue in Grootboom, for example, would have met the requirements of coherence and comprehensiveness at issue under Wednesbury, 44 yet it failed to pass constitutional muster under the developing standard of reasonableness. This standard required, not only that a program implemented in order to realize an economic and social right be “coherent”,45 “balanced and flexible”,46 and “comprehensive and workable”,47 but even greater scrutiny. For example, the Court noted that a “program that excludes a significant sector of society cannot be said to be reasonable”.48 In particular, To be reasonable, measures cannot leave out of account, the degree and extent of the denial of the right they endeavour to realise. Those whose needs are most urgent and whose ability to enjoy all rights is therefore most in peril, must not be ignored by the measures aimed at achieving realisation of the right. It may not be sufficient to meet the test of reasonableness to show that the measures are capable 42 CASS SUNSTEIN, DESIGNING DEMOCRACY: WHAT CONSTITUTIONS DO 234 (2001). E.g., Theunis Roux, Understanding Grootboom—A Response to Cass R. Sunstein, 12 CONST. F. 41, 4647 (2002). For continued warnings of the standard’s regression into this model, see, e.g., Danie Brand, The Proceduralisation of South African Socio-Economic Rights Jurisprudence, in RIGHTS AND DEMOCRACY IN A TRANSFORMATIVE CONSTITUTION 33 (H. Botha et al, eds, 2003); Stuart Wilson & Jackie Dugard, Taking Poverty Seriously: The South African Constitutional Court and Socio-Economic Rights, in LAW AND POVERTY, supra note 7, 222. 44 Murray Wesson, Grootboom and Beyond: Reassessing the Socio-Economic Jurisprudence of the South African Constitutional Court, 20 S. Afr. J. Hum. Rts. 284, 291 (2004). 45 Grootboom 2001 (1) SA 46 (CC) (S. Afr.), para 41, 95. 46 Grootboom 2001 (1) SA 46 (CC), para 43. 47 Grootboom 2001 (1) SA 46 (CC), para 38, 40. 48 Grootboom 2001 (1) SA 46 (CC), para 43. 43 9