Ray’s Nuanced Thesis Brian Ray has produced a remarkable and sophisticated paper analysing the recent Constitutional Court decisions on evictions. Ray focuses on the adjudication techniques employed by the Constitutional Court and situates the discussion in light of the debate around the appropriate judicial role in socio-economic rights cases.1 His thesis is multi-layered. In essence, he argues that the Constitutional Court’s approach is one that often avoids directly providing strong substantive content to constitutional provisions. Instead, the Court uses a variety of ‘avoidance techniques’ which are procedural in nature yet often produce pro-poor outcomes
There is an active and heated debate over whether socioeconomic rights should be included in moder...
Despite increasing support for global human rights ..., some scholars and constitutional democracies...
The judicial enforcement of the socio-economic rights contained in the South African Constitution (C...
Ray’s Nuanced Thesis Brian Ray has produced a remarkable and sophisticated paper analysing the recen...
Avoidance, on the part of the judiciary, calls to mind a number of judicial postures. For Brian Ray,...
In December 2011 four of the Constitutional Court’s five socio-economic rights cases turned on evict...
The Indian Constitution embraces economic and social rights as directive principles of state policy,...
Three of the Constitutional Court\u27s socio-economic rights decisions of the 2009 term are the culm...
Economic austerity measures have had a huge impact on the provision of welfare for the most vulnerab...
The parsimonious approach of the Constitutional Court in using the structural interdict in socio-eco...
This Article challenges the general perception that ADR processes cannot develop public law norms. I...
The Constitutional Court’s judgment in the Olivia case, handed down on 19 February 2008, represents...
Christopher Mbazira has produced a lucid, well-researched and thorough study of judicial remedies in...
The justiciable place of socio-economic rights in the South African Constitution is being undermined...
In this article, I consider judicial disapproval as a form of non-binding review of the constitution...
There is an active and heated debate over whether socioeconomic rights should be included in moder...
Despite increasing support for global human rights ..., some scholars and constitutional democracies...
The judicial enforcement of the socio-economic rights contained in the South African Constitution (C...
Ray’s Nuanced Thesis Brian Ray has produced a remarkable and sophisticated paper analysing the recen...
Avoidance, on the part of the judiciary, calls to mind a number of judicial postures. For Brian Ray,...
In December 2011 four of the Constitutional Court’s five socio-economic rights cases turned on evict...
The Indian Constitution embraces economic and social rights as directive principles of state policy,...
Three of the Constitutional Court\u27s socio-economic rights decisions of the 2009 term are the culm...
Economic austerity measures have had a huge impact on the provision of welfare for the most vulnerab...
The parsimonious approach of the Constitutional Court in using the structural interdict in socio-eco...
This Article challenges the general perception that ADR processes cannot develop public law norms. I...
The Constitutional Court’s judgment in the Olivia case, handed down on 19 February 2008, represents...
Christopher Mbazira has produced a lucid, well-researched and thorough study of judicial remedies in...
The justiciable place of socio-economic rights in the South African Constitution is being undermined...
In this article, I consider judicial disapproval as a form of non-binding review of the constitution...
There is an active and heated debate over whether socioeconomic rights should be included in moder...
Despite increasing support for global human rights ..., some scholars and constitutional democracies...
The judicial enforcement of the socio-economic rights contained in the South African Constitution (C...