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Procedure or principle: the role of adjudication in achieving the right to education

Abstract:

The aims of this article are twofold. The first is to examine and critically assess the principles behind the Court’s approach to these cases. Is the Court ultimately declaring that procedures are more important than substance, and that its primary role in this contested field is to ensure that a potentially unruly executive plays by the rules of the game? Is its view rather that its role is to facilitate and encourage democratic engagement, and that disputes are best addressed by judicial e...

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Publication status:
Published
Peer review status:
Peer reviewed
Version:
Accepted manuscript

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Institution:
University of Oxford
Department:
Oxford, SSD, Law, Law Faculty
Role:
Author
Publisher:
Juta Law Publisher's website
Journal:
Constitutional Court Review Journal website
Volume:
VI
Pages:
165-198
Publication date:
2016-01-01
ISSN:
2073-6215
URN:
uuid:ef68479a-a1a0-4095-ad46-2fe0fb5cf57d
Source identifiers:
620707
Local pid:
pubs:620707

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