Abstract

http://ssrn.com/abstract=1116942
 
 

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The Role of Dignity in Equality Law: Lessons from Canada and South Africa


Rory O'Connell


University of Ulster - Transitional Justice Institute


International Journal of Constitutional Law, Vol. 2, pp. 267-286, 2008

Abstract:     
This paper examines the link made on occasion between the concept of dignity and substantive equality; it is further noted that dignity can have very different meanings in different contexts. While the notion of dignity does not often play a substantive role in the resolution of decisions, sometimes the underlying understanding of dignity does matter. However, in all cases, judges should avoid the temptation to rely on unarticulated value judgments or subjective notions of dignity. When judges make reference to dignity, they should articulate the values underpinning their conception of it.

Number of Pages in PDF File: 25

Keywords: equality, dignity, constitutional law

JEL Classification: K10

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Date posted: April 6, 2008 ; Last revised: March 9, 2012

Suggested Citation

O'Connell, Rory, The Role of Dignity in Equality Law: Lessons from Canada and South Africa. International Journal of Constitutional Law, Vol. 2, pp. 267-286, 2008 . Available at SSRN: http://ssrn.com/abstract=1116942

Contact Information

Rory O'Connell (Contact Author)
University of Ulster - Transitional Justice Institute ( email )
Shore Road
Newtownabbey, County Antrim BT37 OQB
Northern Ireland
HOME PAGE: http://www.transitionaljustice.ulster.ac.uk/

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