Tag: constitutional avoidance
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Farrah Ahmed: The Untapped Potential for Constitutional Avoidance in Social Rights Adjudication
In his 2012 book, Judging Social Rights, Jeff King makes a powerful case for a limited, incrementalist, judicial approach to social rights adjudication. One of the incrementalist strategies King prescribes is constitutional avoidance, that is, ‘where a claim may succeed on constitutional or non-constitutional grounds’, the court should ‘prefer the non-constitutional remedy’. King advocates constitutional…