Equality Constitutional Adjudication in South Africa
14(2) African Human Rights Law Journal 609-632, 2014
25 Pages Posted: 19 Nov 2015
Date Written: November 17, 2015
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 twenty-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.
Keywords: human rights adjudication; right to equality; substantive equality; equality adjudication; South African Constitution
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