dc.contributor.author |
Murcott, Melanie
|
|
dc.date.accessioned |
2014-05-22T13:19:02Z |
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dc.date.available |
2014-05-22T13:19:02Z |
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dc.date.issued |
2013 |
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dc.description |
This article is based on a presentation given at the Poverty and Justice Seminar that was held on 17–18 October 2012 at the University of Pretoria. |
en_US |
dc.description.abstract |
Joseph v City of Johannesburg has been both applauded by administrative lawyers, as a case in which formalism was rejected and a substantive model of administrative law adjudication was embraced, and condemned by human rights lawyers, as a case that focused on procedural fairness rather than ‘the hard rights of citizens and their plight’. I argue that because Joseph concerned a group of poor and vulnerable occupiers of an inner-city building deprived of their electricity, resulting in an inability to meet their basic needs: to cook, refrigerate their food, heat their homes, do homework, operate medical equipment, etc, Joseph is primarily a socio-economic rights case in which a requirement of the administrative law, procedural fairness, was invoked so as to protect and enforce a right to electricity. I critique the administrative law strategy invoked on behalf of the occupiers in Joseph to enforce the occupiers’ claim to have their electricity reconnected; the courts’ treatment of that strategy; and whether it is an effective and, if so, desirable tool for the enforcement of socio-economic rights in the future. |
en_US |
dc.description.librarian |
am2014 |
en_US |
dc.description.uri |
http://www.jutalaw.co.za/catalogue/itemdisplay.jsp?item_id=3600 |
en_US |
dc.identifier.citation |
Murcott, M 2013, 'The role of administrative law in enforcing socio-economic rights : revisiting Joseph', South African Journal on Human Rights, vol. 29, no. 3,, pp. 481-495. |
en_US |
dc.identifier.issn |
0258-7203 |
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dc.identifier.uri |
http://hdl.handle.net/2263/39869 |
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dc.language.iso |
en |
en_US |
dc.publisher |
Juta Law |
en_US |
dc.rights |
Juta Law |
en_US |
dc.subject |
Administrative law |
en_US |
dc.subject |
Adjudication |
en_US |
dc.subject |
Human rights |
en_US |
dc.title |
The role of administrative law in enforcing socio-economic rights : revisiting Joseph |
en_US |
dc.type |
Article |
en_US |