Constitutionalising Equality: The South African Experience

Research output: Contribution to journalArticle

2 Citations (Scopus)

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.
LanguageEnglish
Pages201-249
JournalInternational Journal of Discrimination and the Law
Volume9
Issue number4
Publication statusPublished - 2008

Fingerprint

equality
experience
case law
bill
proliferation
jurisdiction
guarantee
discrimination
democracy
interview

Keywords

  • Bills of Rights
  • equality
  • discrimination
  • South Africa
  • constitutionalisation

Cite this

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title = "Constitutionalising Equality: The South African Experience",
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.",
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Constitutionalising Equality: The South African Experience. / Smith, Anne.

In: International Journal of Discrimination and the Law, Vol. 9, No. 4, 2008, p. 201-249.

Research output: Contribution to journalArticle

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AB - 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.

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