Download This PaperChoosing Between Simple and Complex Remedies in Socio-economic Rights Cases
69 University of Toronto Law Journal 105 (2019)
17 Pages Posted: 29 May 2020
Date Written: 2019
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 piece considers the role of simple and complex remedies in enforcing socioeconomic rights. The author argues that the ideal remedy for widespread socioeconomic 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 only a simple remedy or only a complex remedy. This essay analyzes the factors that should guide courts in choosing between simple and complex remedies in socioeconomic rights cases.
Keywords: remedies, socioeconomic rights, Constitutional Court of Colombia, dialogical remedies
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David Landau (Contact Author)
Florida State University - College of Law ( email )
425 W. Jefferson Street
Tallahassee, FL 32306
United States