Participatory Approaches to Socio-Economic Rights Adjudication: Tentative Lessons from South African Evictions Law

This article explores the potential of participatory modes of adjudicating socioeconomic rights to mitigate the democratic and distributive deficits of adjudication, particularly in the context of the structural reforms required to fulfil the positive duties imposed by these rights. It traces a particular application of a participatory model of adjudication through the doctrine and remedy of meaningful engagement which has emerged in the context of South African evictions law. The benefits of meaningful engagement in advancing direct participation by communities and organisations in the processes of socio-economic rights realisation are considered. However, attention is also drawn to the ways in which engagement orders can limit participatory systemic reforms that advance the normative goals of these rights. The article is intended as a contribution to the broader global debate on models of participatory adjudication in the context of socio-economic rights.