5 - The Right to Education in the American State Courts

Summary

This chapter examines the development within South Africa’s evolving social rights jurisprudence of review standards and remedial mechanisms premised on a model of participatory democracy – what is termed, the "participatory turn." This development has primarily manifested through the "meaningful engagement" jurisprudence developed in the context of evictions and educational disputes. A pertinent contrast is the contentious politics that has become a feature of South African politics. The chapter describes this development; analyses its objectives and core features; and explores the doctrinal, institutional and political challenges that must be faced if it is to have a future in advancing the realisation of social rights in South Africa.