Equality Constitutional Adjudication in South Africa

14(2) African Human Rights Law Journal 609-632, 2014

Transitional Justice Institute Research Paper No. 15-12

25 Pages Posted: 19 Nov 2015

See all articles by Anne Smith

Anne Smith

Ulster University - Transitional Justice Institute

Multiple version iconThere are 2 versions of this paper

Date Written: November 17, 2015

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 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

Suggested Citation

Smith, Anne, Equality Constitutional Adjudication in South Africa (November 17, 2015). 14(2) African Human Rights Law Journal 609-632, 2014; Transitional Justice Institute Research Paper No. 15-12. Available at SSRN: https://ssrn.com/abstract=2692091 or http://dx.doi.org/10.2139/ssrn.2692091

Anne Smith (Contact Author)

Ulster University - Transitional Justice Institute ( email )

Ulster University
Northland Rd, Magee
Co. Derry, County Antrim BT48 7JL
Northern Ireland
44 28 71675154 (Phone)

HOME PAGE: http://www.transitionaljustice.ulster.ac.uk//staff_profiles/anne_smith.html

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