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SSRN Electronic Journal
Article . 2015 . Peer-reviewed
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Equality Constitutional Adjudication in South Africa

Authors: Smith, Anne;

Equality Constitutional Adjudication in South Africa

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.

Related Organizations
Keywords

substantive equality, South African Constitution, human rights adjudication, right to equality, equality adjudication

  • BIP!
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    selected citations
    These citations are derived from selected sources.
    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    3
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Average
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Average
    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Average
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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
3
Average
Average
Average
Green