New publication: Human Dignity, ‘Unfair Discrimination’ and Guidance (2014) Oxford Journal of Legal Studies (forthcoming)

by | Feb 18, 2014

OxHRH founding Editor and Administrator, Chris McConnachie, has recently published ‘Human Dignity, ‘Unfair Discrimination’ and Guidance’ (2014) Oxford Journal of Legal Studies (forthcoming).

(Electronic access here).

Abstract:

In Human Dignity: Lodestar for Equality in South Africa, Justice Laurie Ackermann, one of the 11 judges appointed to the South African Constitutional Court after the end of apartheid, presents the most extensive examination yet of the connection between human dignity, equality and the prohibition of ‘unfair discrimination’ under the South African Constitution. This article focuses on one of Ackermann’s central assumptions: that a deeper understanding of human dignity can provide South African courts with clear guidance in identifying unfair discrimination. I argue that human dignity cannot offer this type of guidance. Instead, I contend that the search for guidance should begin with a closer examination of the Constitutional Court’s reasoning in its unfair discrimination decisions. I proceed to develop a novel understanding of the Court’s reasoning which, I argue, offers a surer route to the guidance that Ackermann seeks and indicates where his important appeals for transparent, rigorous judicial reasoning are best directed.

 

 

Share this:

0 Comments

Submit a Comment

Related Content

Oxford Human Rights Hub Trinity Term Seminar Series 2014

Oxford Human Rights Hub Trinity Term Seminar Series 2014

The OxHRH is pleased to announce the 2014 Trinity Term Seminar Series.  We hope to see you at the events ...
Webinar Tuesday 19 May: FGM, Asylum Law and FGM Protection Orders in Britain

Webinar Tuesday 19 May: FGM, Asylum Law and FGM Protection Orders in Britain

Tuesday 19 May 2020, 2pm-3pm by Zoom link here: https://zoom.us/j/99257210625  Summary Dr Walsh will present ...
OxHRH Vacancy: Communication Manager

OxHRH Vacancy: Communication Manager

We are looking for a suitable candidate to join the Oxford Human Rights Hub Editorial Team as Communications ...