Go to AfricaBib home

Go to AfricaBib home AfricaBib Go to database home

bibliographic database
Line
Previous page New search

The free AfricaBib App for Android is available here

Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Meaningful engagement: proceduralising socio-economic rights further or infusing administrative law with substance?
Author:Van der Berg, Shanelle
Year:2013
Periodical:South African Journal on Human Rights (ISSN 0258-7203)
Volume:29
Issue:2
Pages:376-398
Language:English
Geographic term:South Africa
Subjects:administrative law
social and economic rights
External link:https://doi.org/10.1080/19962126.2013.11865079
Abstract:This article focuses on a point of interaction between socio-economic rights and administrative justice, namely meaningful engagement. Meaningful engagement has developed into both a requirement for a reasonable government policy in socio-economic rights cases as well as a remedy where inadequate engagement occurred prior to litigation. It has been alternately praised as an innovative remedy and criticised as a further proceduralisation of socio-economic rights adjudication. However, in cases where socio-economic rights and administrative law overlap, the value of meaningful engagement may lie in recognising it as potentially infusing administrative justice's requirement for procedural fairness with normative substance rather than as a further watering down or proceduralisation of socio-economic rights jurisprudence. For the benefits of such a conceptualisation to be exploited, courts must display a greater willingness to recognise and develop the important link that exists between administrative justice and the realisation of socio-economic rights in many cases. The article focuses on South African administrative law. Notes, ref., sum. [Journal abstract]
Views
Cover