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The Global ETD Search service is a free service for researchers
to find electronic theses and dissertations. This service is
provided by the
Networked Digital Library of Theses and Dissertations.
Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
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Showing 1 to 2 of 2 (0.05 seconds)Spelling suggestions: "subject:"compensatory justice"" "subject:"compensator justice""
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Affirmative action, equality and Section 8 of the constitutionVan Wyk, M. W. 11 1900 (has links)
The constitutionality of affirmative action in terms of section 8 of Act 200 of 1993 is investigated.
The study contends that in constitutional interpretation it is permissible to have recourse to
ethical precepts as long as these are anchored within the four corners of the Constitution. It is
contended that the •equality clause• does not prescribe equality of outcome in favour of
substantive equality of opportunity. It is asserted that group-based affirmative action may
justifiably be attacked as being unconstitutional; either on the basis that it infringes the nonbeneficiary's
equality rights in terms of sections 8(1) and 8(2) or that it falls beyond the
constitutional protection afforded to affirmative action in terms of section 8(3). Furthermore,
group-based modalities of affirmative action may also not constitute a permissible limitation on
the fundamental right to equality, if compared to an individual-based socio-economic affirmative
action model. / Jurisprudence / LL. M.
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| 2 |
Affirmative action, equality and Section 8 of the constitutionVan Wyk, M. W. 11 1900 (has links)
The constitutionality of affirmative action in terms of section 8 of Act 200 of 1993 is investigated.
The study contends that in constitutional interpretation it is permissible to have recourse to
ethical precepts as long as these are anchored within the four corners of the Constitution. It is
contended that the •equality clause• does not prescribe equality of outcome in favour of
substantive equality of opportunity. It is asserted that group-based affirmative action may
justifiably be attacked as being unconstitutional; either on the basis that it infringes the nonbeneficiary's
equality rights in terms of sections 8(1) and 8(2) or that it falls beyond the
constitutional protection afforded to affirmative action in terms of section 8(3). Furthermore,
group-based modalities of affirmative action may also not constitute a permissible limitation on
the fundamental right to equality, if compared to an individual-based socio-economic affirmative
action model. / Jurisprudence / LL. M.
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