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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Engaging the paradoxes of the universal and particular in human rights adjudication: the possibilities and pitfalls of 'meaningful engagement'
Author:Liebenberg, SandraISNI
Year:2012
Periodical:African Human Rights Law Journal (ISSN 1609-073X)
Volume:12
Issue:1
Pages:1-29
Language:English
Geographic term:South Africa
Subjects:legal procedure
jurisprudence
constitutional courts
human rights
eviction
Abstract:This article examines the disjunctures between the universal aspiration of human rights norms and the complexity of their interpretation and application in diverse and pluralistic contexts. It examines the extent to which a deliberative model of democracy can assist in promoting a more dialectical relationship between the universal and particular in human rights constitutional adjudication. The article further evaluates the potential of the mechanism of meaningful engagement employed by the South African Constitutional Court in the context of evictions jurisprudence to negotiate the tension between the universal normative values and purposes of human rights, and the democratic ideal of popular participation in the making of decisions which affect people's daily lives. Notes, ref., sum. [Journal abstract]
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