Avoidance remains avoidance: is it desirable in socio-economic rights cases?

Bilchitz, D. ORCID: https://orcid.org/0000-0001-6195-675X (2013) Avoidance remains avoidance: is it desirable in socio-economic rights cases? Constitutional Court Review, 5 (1). pp. 297-308. ISSN 2073-6215 doi: 10.2989/CCR.2013.0012

Abstract/Summary

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.

Item Type	Article
URI	https://reading-clone.eprints-hosting.org/id/eprint/103034
Identification Number/DOI	10.2989/CCR.2013.0012
Refereed	Yes
Divisions	Arts, Humanities and Social Science > School of Law
Publisher	Juta Law
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