The Role of Dignity in Equality Law: Lessons from Canada and South Africa

Research output: Contribution to journalArticle

19 Citations (Scopus)

Abstract

This paper examines the link made on occasion between the concept of dignity and substantive equality; it is further noted that dignity can have very different meanings in different contexts. While the notion of dignity does not often play a substantive role in the resolution of decisions, sometimes the underlying understanding of dignity does matter. However, in all cases, judges should avoid the temptation to rely on unarticulated value judgments or subjective notions of dignity. When judges make reference to dignity, they should articulate the values underpinning their conception of it.
LanguageEnglish
Pages267-286
JournalInternational Journal of Constitutional Law
Volume6
DOIs
Publication statusPublished - 21 Mar 2008

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equality
Canada
value judgement
Law
Values

Keywords

  • equality
  • dignity
  • comparative constitutional law

Cite this

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The Role of Dignity in Equality Law: Lessons from Canada and South Africa. / O'Connell, Rory.

In: International Journal of Constitutional Law, Vol. 6, 21.03.2008, p. 267-286.

Research output: Contribution to journalArticle

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