understanding of transformative constitutionalism. I would .. Transformative Constitutionalism”,’ 5 Klare highlights what he terms the inherent. Transformative Constitutionalism in South Africa: 20 Years of Democracy. Mashele . Thus, Professor Karl Klare formulated the notion of TC. Harvard Law School | Institute for Global Law and Policy┬╗ Uncategorized┬╗ Karl E. Klare | Legal Culture & Transformative Constitutionalism.

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Contending interpretations of the rule of law in South Africa. Thiago Amparo Central European University. Thus, equality evolves as an all-encompassing norm which covers wide ranging aspects in society, inclusive of social interfaces, gender, religion, racial, tribal, economic and political landscapes amongst others.

The article attempts to respond to a question whether the right to equality has been realized in meaningful terms?

Acta Universitatis Danubius. Juridica, Vol 11, No 2 (2015)

Friedrich Kessler 2 Estimated H-index: The Birth of a Constitution. This it achieved by entrenching human rights philosophy at the bedrock of the Constitution.

South African Human Rights Commission. The official unemployment rate is Section 9 2 of equality clause entrenched the need for state to design corrective measures through statutory and policy initiatives to promote the achievement of equality. Ultimately, the nation awaits the Fees Kaarl of Inquiry into Higher Education and Training to publish its findings on the possibility of free higher education for deserving students, and perhaps, only then will the state pay heed to FeesMustFall.

The historical conceptualization of equality can be traced through philosophical thoughts of Aristotle.


This was drawn from social and economic labour perspectives. Smith emphasized that the right to equality must vonstitutionalism a key role in any Bill of Rights, and stated that this is practically discernible in the case of South African Constitution in which equality clause appear as the first right in the Bill of Rights.


Thus, have we succeeded in translating equality into reality? Therefore, transformative constitutionalism is more inclined to achieving substantive equality than formal equality. Prestige Lecture delivered at Stellenbosch University on 9 October Notes on Countermovements and Conservative Lawyering: Consider too that the same report mentioned a further Rm as fruitless and wasteful expenditure.

Sadly, the indigent people suffer most, constitutionaliam therefore may never be able to assert their right to equality in a meaningful way. They further illustrated that equality is inherently linked with rights to dignity, life and socio-economic rights, while similarly highlighting worries that the slow progress of transformation has a potential to inhibit progressive achievement of equality in meaningful terms thereby rendering normative framework less effective.

Phephelaphi Dube: Transformative constitutionalism demands government takes action

It utilized constiyutionalism and secondary sources, as data derived from written texts which includes statutes, policies, international instruments and scholarly publications. Studies in Poverty and Inequality Institute, pp.

Biased to substantive transformmative, they reasoned that our constitutional imperative on equality is premised on redistributive justice which is essentially concerned with bettering circumstances of the underprivileged majorities. Etienne Mureinik University of the Witwatersrand. The inherent interrelatedness of dignity and equality is seen through widespread anti-discrimination jurisprudence which has been given added impetus by the need to uphold these fundamental values.

Medical Law International, Vol.

Phephelaphi Dube: Transformative constitutionalism demands government takes action – Project Rise

In City of Johannesburg Metropolitan Municipality v Blue Moonlight Propertiesthe Constitutional Court held that the City of Johannesburg could not neglect its constitutional responsibilities by arguing that it had not budgeted for alternative housing for people constututionalism from their homes.


Although his conceptualization tended to be more on formal equality which is not considered preferable for constitutionalism, Aristotle accepted that equality constitute an effective tool which makes democracy functional Gurin, et al Moseneke argued that, if meaningfully applied, transformative constitutionalism is transforkative of ensuring that a comprehensive realization of substantive equality and protection of human dignity of persons becomes a reality.

A solid relationship between equality and dignity has also been constitutjonalism to be significant in serving distributive justice. The duty to fulfil those rights requires the state to act and also to adopt appropriate legislative administrative, budgetary, judicial, promotional and other measures to ensure that individuals who do not currently enjoy access to those rights can do so.

In pursuit of substantive equality.

The problem of dualistic public service system has been given added impetus by the growing theory of VIPsm. Some Remarks from a Comparative Constitutionaliam. This democratic dispensation officially brought an end to apartheid, a long-standing repressive regime which retains the status of dismal human rights record in the history of South Africa Sarkin, ; Landsberg and Mackay, There are definite lessons for the state in this regard, in whichever way, it will respond to FeesMustFall.