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Unpublished Paper
Prepublication Version, Extending the Shadow of the Law: Using Hybrid Mechanisms to Develop Constitutional Norms in Socioeconomic Rights Cases
ExpressO (2009)
  • Brian Ray
Abstract

This Article challenges the general perception that dispute resolution processes are inappropriate to resolving constitutional issues. Focusing on a recent South African Constitutional Court case in which the Court interpreted the right to housing in the South African Constitution to require that municipalities develop processes for “engaging” with citizens affected by redevelopment plans that may involve eviction, this Article considers how the engagement remedy could be developed into a hybrid dispute resolution mechanism that incorporates the flexibility of ADR processes with the public-norm creating capacity of traditional adjudication.

Disciplines
Publication Date
2009
Citation Information
Brian Ray. "Prepublication Version, Extending the Shadow of the Law: Using Hybrid Mechanisms to Develop Constitutional Norms in Socioeconomic Rights Cases" ExpressO (2009)
Available at: http://works.bepress.com/brian_ray/2/