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Remedial principles and meaningful engagement in education rights disputes
(Academy of Science of South Africa, 2016-04)
This article evaluates the meaningful engagement doctrine in the education rights jurisprudence of the Constitutional Court in the light of a set of normative principles developed by Susan Sturm for evaluating participatory ...
Needs, rights and transformation: adjudicating social rights
(Juta Law Publishing, 2006-01)
INTRODUCTION: One of the most contested issues in South Africa’s burgeoning jurisprudence on social rights relates to how the courts should enforce the duties imposed by these rights. Debate has focused in particular ...
Narrowing the band : reasonableness review in administrative justice and socio-economic rights jurisprudence in South Africa
(Juta Law, 2011)
This contribution explores the standard of reasonableness review applied in both administrative justice and socio-economic rights jurisprudence in South Africa. The first part traces the development of reasonableness as a ...
Toward an equality-promoting interpretation of socio-economic rights in South Africa : insights from the egalitarian liberal tradition
(Juta Law, 2015-01)
Theorists within the egalitarian liberal tradition have grappled with the question of how to achieve an alignment between the attribution of equal worth and citizenship to each person and the distribution of material ...
The application of socio-economic rights to private law
(Juta Law, 2008-01)
The constitution is explicitly committed to redressing and transforming socio-economic exclusion and marginalisation. This is manifest, amongst other constitutional provisions, in the entrenchment of a comprehensive range ...