182
views
0
recommends
+1 Recommend
1 collections
    0
    shares
      • Record: found
      • Abstract: found
      • Article: found
      Is Open Access

      Remedial principles and meaningful engagement in education rights disputes

      research-article

      Read this article at

      Bookmark
          There is no author summary for this article yet. Authors can add summaries to their articles on ScienceOpen to make them more accessible to a non-specialist audience.

          Abstract

          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 public law remedies. It commences by identifying four principles for evaluating participatory remedies appropriate to South African constitutional law and jurisprudence. Thereafter the relevant jurisprudence is analysed and evaluated in the light of these principles. The article concludes by making proposals for the development of meaningful engagement as a participatory remedy in educational rights disputes. These proposals seek to ensure a better alignment between the meaningful engagement remedy and the four remedial principles identified.

          Related collections

          Most cited references37

          • Record: found
          • Abstract: not found
          • Book: not found

          Socio-economic rights: Adjudication under a transformative constitution

            Bookmark
            • Record: found
            • Abstract: not found
            • Article: not found

            Administrative law in South Africa

            C Hoexter (2012)
              Bookmark
              • Record: found
              • Abstract: not found
              • Article: not found

              Against Settlement

              Owen Fiss (1984)
                Bookmark

                Author and article information

                Contributors
                Role: ND
                Journal
                pelj
                PER: Potchefstroomse Elektroniese Regsblad
                PER
                Publication of North-West University (Potchefstroom Campus) (Potchefstroom, North-West Province, South Africa )
                1727-3781
                2016
                : 19
                : 1
                : 1-43
                Affiliations
                [01] orgnameUniversity of Stellenbosch orgdiv1Law Faculty South Africa sliebenb@ 123456sun.ac.za
                Article
                S1727-37812016000100002
                10.17159/1727-3781/2016/v19i0a739
                31f7f922-dadc-415f-98c7-3d81989d9c14

                This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.

                History
                Page count
                Figures: 0, Tables: 0, Equations: 0, References: 26, Pages: 43
                Product

                SciELO South Africa


                Meaningful engagement,constitutional education rights,school governance,public law remedial principles,participatory remedies,supervisory orders,Susan Sturm

                Comments

                Comment on this article