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

A Conversation on Brexit’s Impact on Human Rights-Alison Young, Paul Craig, Nick Barber and Timothy Endicott (Oxford)

A Conversation on Brexit’s Impact on Human Rights-Alison Young, Paul Craig, Nick Barber and Timothy Endicott (Oxford)

Brexit and the recent High Court decision in Miller v Secretary of State for Exiting the European Union have ...
New Online Course for International Electoral Observers

New Online Course for International Electoral Observers

The Global Campus of Human Rights is glad to inform you that the Call for Applications for the brand new Online ...
OxHRH Webinar-Counter-Terrorism and Security in Europe after the Paris Attacks-Prof Fiona de Londras (Birmingham)

OxHRH Webinar-Counter-Terrorism and Security in Europe after the Paris Attacks-Prof Fiona de Londras (Birmingham)

The OxHRH Webinar is archived and now available to view here! The OxHRH with the support of the Bertha ...