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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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.

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. Biased to substantive approach, they reasoned that our constitutional imperative on equality is premised on redistributive justice which is essentially concerned with bettering circumstances of the underprivileged majorities.

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

Under such circumstances, almost all essential public services have come to be commodified. A Myth or Reality? Securing Substantive Equality under the Charter, pp. Rightfully, the prominence of the notion of equality has embedded its moral, legal, socio-economic and political significance in society as a guiding tenet kark life.


Phephelaphi Dube: Transformative constitutionalism demands government takes action

EEA seeks to ensure redistribution of resources, to mitigate and avert untold income disparities in society. Affirmative Action and Substantive Equality: To augment efforts of realizing equality in society, legislative framework constitutiomalism indispensable as it essentially provides guidance to civil society and courts for implementing all rights in the Bill of Rights.

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

This article is descriptive and adapts to qualitative style of research.


Constituttionalism Post James de Villiers: Inclusive education does not mean free education. Thus, have we succeeded in translating equality into reality? This then invokes the need to differentiate mechanisms of differentiating humans; that is, formal and substantive equality.

This enabled the right to equality to infuse swiftly in the post constitutional dispensation. Courts have had to grapple with this question; does the right to equality necessitates that people be treated equally at all times? It is written from social, economic and legal perspectives.

Subsequently, the notion of transformative constitutionalism was coined by Karl Klare. National legislation must be enacted to prevent or prohibit unfair discrimination.

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

The Birth of a Constitution. Theory and Impact on Educational Outcomes. The state is not simply required to stop interference with the enjoyment of rights, but also has a positive duty to fulfil and augment those rights. Thus, a theory of equality must find a way of integrating private resources and political power. This review reflects on equality from moral, legal, political and social perspectives.


Hence, when literally interpreted, formal equality fails to advance the wishes of transformative constitutionalism. This it achieved by entrenching human rights philosophy at the bedrock of the Constitution. In a nutshell, dignity as a right and rransformative value has been central in the interpretation and application of all rights in the Bill of Rights. Harvard Law Review, Vol.

When dignity of persons is appropriately safeguarded, humans are able to assert their anchored freedom and equality in real terms Pufendorf, The Empty Idea of Equality. The central function of transformative constitutionalism is notably that, it has to redress injustices of the past and guide the nation to a better future Langa, ; Bohler-Muller, These factors inherently determine whether equality, both as social value and legal right, has effectively infused into the system, and meaningfully altered the lives of the majority.

First, by eliminating existing discrimination or discriminatory practices, and second, by designing measures, such as affirmative action, to protect and advance previously disadvantaged groups of persons Dupper,

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