PROMOTING ACCESS TO AFRICAN RESEARCH

Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad

Log in or Register to get access to full text downloads.

Remember me or Register



Remedial principles and meaningful engagement in education rights disputes

Sandra Liebenberg

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.

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




http://dx.doi.org/10.17159/1727-3781/2016/v19i0a739
AJOL African Journals Online