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Equality constitutional adjudication in South Africa

Smith, Anne (2014) Equality constitutional adjudication in South Africa. African Human Rights Law Journal, 14 . pp. 609-632. [Journal article]

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Abstract

This article focuses on the South African judiciary and, in particular, the South African Constitutional Court’s approach to the adjudication of the equality right in the Bill of Rights during the 20-year period since the official end of apartheid. The article does this by evaluating a necessarily select number of cases dealing with equality that have come before the Constitutional Court to find out whether the Court has consistently adopted a substantive notion of equality in its deliberations, an approach encouraged by the equality clause itself. The article offers some suggestions for both the South African Constitutional and others courts when engaging in equality rights adjudication. The article is a clarion call for the judiciary to adopt a contextual, robust and vigilant approach to equality and other rights adjudication.

Item Type:Journal article
Keywords:human rights adjudication; right to equality; substantive equality; equality adjudication; South African Constitution
Faculties and Schools:Faculty of Social Sciences > School of Law
Faculty of Social Sciences
Research Institutes and Groups:Transitional Justice Institute
ID Code:31692
Deposited By: Dr Anne Smith
Deposited On:10 Apr 2017 10:31
Last Modified:17 Oct 2017 16:18

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