LLM candidate presents work at SERAJ seminar

On 21 July 2017, Philip Swanepoel – a member of the Socio-Economic Rights and Administrative Justice (‘SERAJ’) Research Group – presented aspects of his LLM study at a SERAJ seminar. He is currently in the final stages of his LLM (research) degree under the supervision of Professor Sandra Liebenberg and Doctor Shanelle van der Berg. Philip’s study, entitled The potential of structural interdicts to constitute effective relief in socio-economic rights cases, investigates the judicial requirement of effective relief for remedies granted in human rights cases and whether the structural interdict as constitutional remedy has the potential to constitute such relief. He started the seminar by explaining the evaluative framework for effective relief as developed in his study. He then presented the primary contribution of his study, which is the proposal of a participatory structural interdict model which has been specifically designed to meet the evaluative criteria. This model is largely based on the deliberative model for public law remedies as developed in the seminal scholarship of Susan Sturm and the meaningful engagement jurisprudence of the Constitutional Court. Philip concluded that the structural interdict, if designed correctly, does indeed have enormous potential to constitute effective relief in human rights cases, and more specifically in cases where socio-economic rights have been systemically violated.

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