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Full-Text Articles in Law
Residents Of Joe Slovo Community V Thubelisha Homes And Others: The Two Faces Of Engagement, Brian E. Ray
Residents Of Joe Slovo Community V Thubelisha Homes And Others: The Two Faces Of Engagement, Brian E. Ray
Law Faculty Articles and Essays
The Constitutional Court of South Africa's "engagement remedy," at its core, is a simple requirement that government consult with residents before evicting them, as engagement offers a creative and flexible tool for advocates of socio-economic rights to enforce these provisions through both political and legal channels. Absent adequate court oversight, engagement can easily turn into nothing more than a requirement that government inform residents of its redevelopment plans. The Constitutional Court in Joe Slovo recognised these two ‘faces' of engagement and strengthened the remedy by adding components that increase the transparency of the process and enhance court control. This note …
Engagement's Possibilities And Limits As A Socioeconomic Rights Remedy, Brian E. Ray
Engagement's Possibilities And Limits As A Socioeconomic Rights Remedy, Brian E. Ray
Law Faculty Articles and Essays
This Article first analyzes the Constitutional Court of South Africa's three engagement decisions. It then divides engagement into two different categories--litigation engagement and political engagement--and offers suggestions for transforming the process into a more effective remedy in each category. Drawing on the work of Charles Epp, this Article argues that political engagement, if structured correctly, offers the greatest potential as an effective mechanism for enforcing socioeconomic rights. Realization of that potential will require a sustained commitment by civil society organizations active in socioeconomic rights issues and a shift from using engagement as a litigation tactic to using it as a …
Extending The Shadow Of The Law: Using Hybrid Mechanisms To Establish Constitutional Norms In Socioeconomic Rights Cases, Brian E. Ray
Extending The Shadow Of The Law: Using Hybrid Mechanisms To Establish Constitutional Norms In Socioeconomic Rights Cases, Brian E. Ray
Law Faculty Articles and Essays
This Article challenges the general perception that ADR processes cannot develop public law norms. It follows a recent trend in ADR literature that seeks to define a public norm creation role for ADR in part by connecting these processes to other alternative legal and political problem-solving methods. This Article focuses on a recent South African Constitutional Court case, Occupiers of 51 Olivia Road v City of Johannesburg, in which the court interpreted the right to housing in the South African Constitution. The court held that municipalities must develop processes for negotiating - or, in the court's language "engaging" - with …