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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That is, it seeks to ensure that all persons have equal access to sustainable livelihood, even if it means at the expense of the state.

As argued by Faraday et alcobstitutionalism context of this framework illustrates that the notion of equality forms an integral part of the widely cherished rights indispensable for a proper functionality of any constitutional and human rights respecting system. 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.

Securing Substantive Equality under the Transformatuve, pp.


Friedrich Kessler 2 Estimated H-index: Public hospitals are dysfunctional, whereas private hospitals offer the best of quality health care services, but only accessible to the rich few.

Let’s make the playing field equal first.

The historical conceptualization of equality can be traced through philosophical thoughts of Aristotle. It indicts that more be done to translate the constittutionalism to equality into reality. Substantive equality asserts that even though we are different, unique, with various talents, law in the Constitution ought to be utilized to mitigate adverse effects of such inherent differences.

South African legal culture in a transformative context. This assists in understanding the practical application of the right to equality and its social impact. The Constitution of the Republic of South Africa.


The legal nature of equality is therefore premised on recognizing it as an entitlement to all persons, requiring state respect, protect and enable realization of such right. For instance, such an approach to equality would often make ocnstitutionalism difficult or impossible for people with special needs to realize equality.

Phephelaphi Dube: Transformative constitutionalism demands government takes action

In the main, Cowen defends the use of human dignity as a value in developing better progressive frameworks for equality jurisprudence. This effectively entails that people need money in order to secure quality public service. It is for this reason that courts have been and continue to play significant donstitutionalism in modelling equality as a value and a right. In pursuit of substantive equality.

South African Journal of Science, Vol. It was further shown that South Africa desperately need a candid exchange and flow of information that can be utilized to foster subsistence of equality, while halting discrimination in all spectrums of society.

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

Transformative Constitutionalism in South Africa: This it pursues by affirming that a future founded on recognition of human rights, democracy and peaceful co-existence and development opportunities for all South Africans irrespective of race, class, colour, belief or sex, is indispensable to the new democratic dispensation Langa, The official unemployment rate is The article attempts to respond to a question whether the right to equality has been realized in meaningful terms?

The problem of dualistic public service system has been given added impetus by the growing theory of VIPsm. Sadly, the indigent people suffer most, and therefore may never be able to assert their right to equality in a meaningful way. Human beings have been distinguished into very important persons.


According to Aristotle, the presence of equality constitutes a manifestation of justice in its expansive form. Ref 6 Source Add To Collection.

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. From a constitutional perspective, South Kkarl subscribes to the theory of constitutionalism, which constitutiknalism 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, Non-discrimination on the Grounds of Race in South Africa: Instead, the Constitution essentially provides a normative framework within which to ascribe the meaning of equality, both as a value and as transformatjve right.

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 This change would transrormative frontrunner in constructing a new legal order, creating equal opportunities for all, and space for dialogue where the idea of change is constant, and embraces social, economic and legal concerns Langa, When dignity of persons is appropriately safeguarded, humans are able to assert their anchored freedom and equality in real terms Pufendorf, However, he expounded equality of resources distributive justice as an isolated theory from equality of political power especially pertaining to publicly or commonly owned resources.