We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
Choosing between simple and complex remedies in socio-economic rights cases.
- Authors
Landau, David
- Abstract
Recent work by Kent Roach argues that the best way for judges to protect significant violations of rights is through a two-track approach that combines simple and complex, dialogical remedies. He insightfully shows that simple and complex remedies perform different roles and vindicate different conceptions of justice. This article considers the role of simple and complex remedies in enforcing socio-economic rights. The author argues that the ideal remedy for widespread socio-economic rights violations will only sometimes, but not always, run on two tracks. Under common conditions, courts will want to work on only one of the two tracks, by issuing either a simple remedy or a complex remedy. This article analyses the factors that should guide courts in choosing between simple and complex remedies in socio-economic rights cases.
- Subjects
COLOMBIA; LEGAL remedies; HUMAN rights violations; SOCIAL &; economic rights; CONSTITUTIONAL courts
- Publication
University of Toronto Law Journal, 2019, p105
- ISSN
0042-0220
- Publication type
Article
- DOI
10.3138/utlj.69.s1.005