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Human Rights and Equality in EducationComparative Perspectives on the Right to Education for Minorities and Disadvantaged Groups$
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Sandra Fredman, Meghan Campbell, and Helen Taylor

Print publication date: 2018

Print ISBN-13: 9781447337638

Published to Policy Press Scholarship Online: January 2019

DOI: 10.1332/policypress/9781447337638.001.0001

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PRINTED FROM POLICY PRESS SCHOLARSHIP ONLINE (www.policypress.universitypressscholarship.com). (c) Copyright Policy Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in PPSO for personal use.date: 17 October 2021

From the classroom to the courtroom: litigating education rights in South Africa

From the classroom to the courtroom: litigating education rights in South Africa

(p.143) Nine From the classroom to the courtroom: litigating education rights in South Africa
Human Rights and Equality in Education

Jason Brickhill

Yana van Leeve

Policy Press

This chapter focuses on two streams of education litigation concerning public schools in South Africa: first, cases concerning contestation over the power to formulate policy for schools in the education system established in the new democratic era; and, second, cases seeking to compel the state to provide specific education inputs. In respect of the power to determine key school policies, the South African Constitutional Court has sought to strike a balance between recognising the democratic and community-level legitimacy of school governing bodies, on one hand, and the need to empower government to act in the interests of all students and to promote equal education, on the other. In the second category of cases, the courts incrementally developed the content of the right to a basic education in section 29(1)(a).

Keywords:   education litigation, public schools, South Africa, education inputs, school policies, South African Constitutional Court, equal education, school governing bodies

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