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Constitutionalising Equality: The South African Experience

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Smith, Anne (2008) Constitutionalising Equality: The South African Experience. International Journal of Discrimination and the Law, 9 (4). pp. 201-249. [Journal article]

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Abstract

Please note that the original article is published in the International Journal of Discrimination and the LawAgainst the backdrop of the proliferation of Bills of Rights, this article seeks to address the conceptual and practical problems in constitutionalising equality. Using South Africa where the constitutional equality guarantee is at the heart of South Africa’s nascent democracy, this article analyses how the challenges were met in the South African drafting process and have been developed/problematised through subsequent case law. The article aims to draw attention to the complexities in constitutionalising equality and drawing from the South African experience, the article seeks further to contribute to and inform debates in jurisdictions which have or are in the process of protecting equality via a Bill of Rights. The article is supported in its conclusions by a series of semi-structured interviews.

Item Type:Journal article
Keywords:Bills of Rights, equality, discrimination, South Africa, constitutionalisation
Faculties and Schools:Faculty of Social Sciences
Faculty of Social Sciences > School of Law
Research Institutes and Groups:Transitional Justice Institute
ID Code:6709
Deposited By:Dr Anne Smith
Deposited On:14 Jan 2010 14:13
Last Modified:14 Jan 2010 14:13

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