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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Some Remarks from a Comparative Perspective. Thus, because the post regime adapted to constitutionalism, the doctrine governing legitimacy of government action, it had to bring about change. Introducing the Interim Bill of Rights south african journal on human rights.


In Rembe, Nasila ed. Similar problems are widespread with regards to access to quality transformatife care. Contending interpretations of the rule of law in South Africa.

The president met again, in Septemberwith security cluster ministers in order to find solutions to the violent protests across university campuses. Only then would meaningful realization of equality emerge. De Grunchy, John W. Western Liberal Legalism and Its Discontents: Issues of poverty, unemployment and inequalities are intrinsic social challenges that remain central in determining the nature and extent of access to social services such as education, health care and social justice.

Ironically, all these essential public services have been commodified, which means that people require huge financial capabilities to fund access to quality essential public services. Etienne Mureinik University of the Witwatersrand. However, it is crucial to note first and foremost that, the Constitution of transformstive Republic of South Africa, hereinafter, the Constitutiondoes not provide a definition on what constitute equality.

Human Rights Law Review, Vol.

The Bill of Rights Handbook. There are definite lessons for the state in this regard, in whichever way, it will respond to FeesMustFall. It requires koare the law must treat people in the same manner irrespective of circumstances they may find themselves in Westen, ; De Waal, ; Currie and De Waal, ; Smith and McLaughlin, ; Smith, Towards a decent living level.


Let’s make the playing field equal first. Courts have had to grapple with this question; does the right to equality necessitates that people be treated equally at all times? To augment efforts of realizing equality in constitutkonalism, legislative framework is indispensable as it essentially provides guidance to civil society and courts for implementing all rights in the Bill of Rights.

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

This period regularly indicts us to review progress and assess the impact that has been made by transformative constitutionalism with regards to achieving equality in society. Under these circumstances, it has been proven that those plagued by poverty in particular, have the slightest opportunity to assert and realize their dignity, therefore enjoy other guaranteed freedoms and right to equality. Human beings have been distinguished into very important persons.

Notwithstanding the presence of appealing and comprehensive normative framework on the right to equality, it has been observed that South Africa is far from realizing equality in meaningful terms.

This includes supporting the state to alter and avert socio-economic difficulties plaguing the majority of inhabitants in under-developed villages.

The South African Experience. Rather it defines equality within the context of addressing matters of access jarl justice, socio-economic entitlements and development, issues of race, gender, ethnicity and so forth.

It is argued that formal equality has instead flourished, because the indigent people have their own level of equality, which is evidently incomparable to that of the wealthier people.

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

Aristotle argued that equality embodies and advocates equal distribution of wealth and resources, within a political system designed to affirm sustainable livelihood. The South Africa Experience. Rightfully, the prominence of the notion of equality has embedded its moral, legal, socio-economic and political significance in society as a guiding tenet of life.

She however pointed out that while we might yearn for absolute equality, it is not possible to achieve absolute equality by legal formulation.


Phephelaphi Dube: Transformative constitutionalism demands government takes action

He posited equality as an effective tool premised on the theory of distributive justice. Equality and the Constitutional Court. This had to also be reflected in the manner in which the agenda attempts to reach out to various disciplines of scholarship, nurturing the realization of human rights.

Despite the fact that National Students Financial Aid Scheme NSFAS is meant to assist students financially, it has in the past been badly managed and has previously failed to blossom into a vessel through which the right to education can be widely realised. It has been observed that equality, in its formal or substantive form, will remain a constitutionailsm dream owing to spiraling triple social challenges of unemployment, poverty and inequalities.

Indeed, it has been twenty one years since the advent of democracy.

South African legal culture in a transformative context. According to Grantdignity provides a properly grounded theory derived from its rich tradition that has been accepted as being capable of underpinning an appropriate approach to equality. Ref 6 Source Add To Collection. Diversity and Higher Education: This is necessitated by the fact that human dignity is an inviolable doctrine whose social value towards human kind is self-enduring and unparalleled Rapatsa, From a constitutional perspective, South Africa subscribes to the theory of constitutionalism, which is a doctrine governing the legitimacy of government action Burns, in the interest of its citizens, and in order to protect right to equality amongst others De Villiers, Therefore, transformative constitutionalism is more inclined to achieving substantive equality than formal equality.


International Journal of Educational Development, Vol. It utilized primary and secondary sources, as data derived from written texts which includes statutes, policies, international instruments and scholarly publications.