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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Public hospitals are dysfunctional, whereas private hospitals offer the best of quality health care services, but only accessible to the rich few. This refers to widespread dualistic public-private service phenomena and the emerging theory of VIPsm.

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

Human Rights Law Review, Vol. South African Human Rights Commission. This encompasses unhindered access to education, health care, social protection, safety and security and justice. Diversity and Higher Education: Charl Swart 1 Estimated H-index: This constitute a contrivance to ensure constitutionalims equality provides substance to transformative constitutionalism, as it embodies the hope of transforming the past and present, to build a better future.

Thus, equality evolves as an all-encompassing norm which covers wide ranging aspects in society, inclusive of social interfaces, gender, religion, racial, tribal, economic and political landscapes amongst others. The article analyses equality as a value in moral, social, legal and political perspectives.

According to researchers, this, even by global standards is a low figure. Section 7 of the Constitution obliges transfromative state to respect, protect, promote and transformatibe the rights enshrined in the Bill of Rights.


Instead, the Constitution essentially provides a normative framework within which to ascribe the meaning of equality, both as a value and as a right. Compounding these socio-economic problems is the issue of attitudinal theories, which is somewhat linked with government policy that play a crucial role in determining the fate of equality. This was drawn from social and economic labour perspectives.

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

This is because class has been accepted as a primary signifier of inequality within the capitalist economic order Albertyn, This era was essentially marked by a process of notable klarf shift in as far as advancing human rights was concerned.

This was given added impetus by the known historical inequalities that characterized labour relations, where bargaining power was constantly skewed in favour of employers. 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.

The crux of transformatibe constitutionalism can be summed up to be centered on the following; It entrenched normative value system and institutional framework that aspires to realize kark. The historical conceptualization of equality can be traced through philosophical thoughts of Aristotle.


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, This it achieved by entrenching human rights philosophy at the bedrock of the Constitution.

Harvard Law Review, Constitutioalism. In response, the implicit meaning of equality as derived from the Constitution is that every South African should benefit in an equal manner from the tenets of legal imperatives.


Smith emphasized that the right to equality must occupy a key role in any Bill of Rights, and stated that this is practically discernible in the case of South African Constitution in which equality clause appear as the first right in the Bill of Rights. Within this context, it stipulates that everyone is equal before the law, and has the right to equal protection and benefit of the law. Facing the challenge of transformation: View in Source Cite this paper. 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.

Poverty Trends in South Africa: Only then would meaningful realization of equality emerge.

For instance, such an approach to equality would often make it difficult or impossible for people with special needs to realize equality. Melanie Murcott University of Pretoria.

Phephelaphi Dube: Transformative constitutionalism demands government takes action

This assists in understanding the tranxformative application of the right to equality and its social impact. Thus, because the post regime adapted to constitutionalism, the doctrine governing legitimacy of government action, it had to bring about change. Subsequently, this has been embedded in all segments of society, effectively rendering equality, both as a value and a right, a mere hollow rhetoric.