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5 - The Right to Education in the American State Courts

from Part II - Adjudication and Rights in Context

Published online by Cambridge University Press:  04 April 2019

Katharine G. Young
Affiliation:
Boston College, Massachusetts
Amartya Sen
Affiliation:
Harvard University, Massachusetts
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Summary

This chapter examines the development within South Africa’s evolving social rights jurisprudence of review standards and remedial mechanisms premised on a model of participatory democracy – what is termed, the "participatory turn." This development has primarily manifested through the "meaningful engagement" jurisprudence developed in the context of evictions and educational disputes. A pertinent contrast is the contentious politics that has become a feature of South African politics. The chapter describes this development; analyses its objectives and core features; and explores the doctrinal, institutional and political challenges that must be faced if it is to have a future in advancing the realisation of social rights in South Africa.
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Publisher: Cambridge University Press
Print publication year: 2019

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