Choosing between simple and complex remedies in socio-economic rights cases

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 article considers the role of simple and complex remedies in enforcing socio-economic rights. The author argues that the ideal remedy for widespread socio-economic 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 a simple remedy or a complex remedy. This article analyses the factors that should guide courts in choosing between simple and complex remedies in socio-economic rights cases.