Francesco Lucherini

The right to adequate housing in India and South Africa: reality and potentiality of the dialogue between courts

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Abstract

The paradigms of protection and enforcement of the right to adequate housing in India and South Africa are strikingly opposite. The growing controversiality of the issue demands a human rights-based and justice-effective approach to housing gross violations. This article explores the trans-judicial interaction on the right to adequate housing happening among the judiciaries of India and South Africa. Given the radical diversity of the constitutional jurisprudences, the exchange of legal argumentations holds a great potential for a comprehensive approach to the housing issue.

Keywords

  • right to adequate housing
  • India
  • South Africa
  • foreign law
  • judicial dialogue
  • meaningful engagement

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