Skip to main content Accessibility help
×
Home
Hostname: page-component-846f6c7c4f-n4jxq Total loading time: 0.355 Render date: 2022-07-06T23:56:22.696Z Has data issue: true Feature Flags: { "shouldUseShareProductTool": true, "shouldUseHypothesis": true, "isUnsiloEnabled": true, "useRatesEcommerce": false, "useNewApi": true } hasContentIssue true

7 - Equality Rights in South Africa

from Part IV - South Africa

Published online by Cambridge University Press:  09 July 2019

Stephan Stohler
Affiliation:
State University of New York, Albany
Get access

Summary

In this chapter, I test the deliberative partnership thesis and its competitors against the behavior of the African National Congress (ANC) and aligned justices on South Africa's Constitutional Court. These justices were instrumental in developing a doctrinal approach to the Constitution's Equality Clause, which reflected a constitutional vision associated with President Nelson Mandela and stressed reconciliation between South Africa's various cultural groups after apartheid. But when Mandela's successor, President Thabo Mbeki, oversaw the expansion of affirmative action, Mbeki risked conflict with the justices that the ANC had previously appointed. Again, however, this conflict did not materialize. Instead, many of the same justices began to elaborate new doctrinal positions pursuant to a transformational constitutionalism that stressed greater opportunities for the historic victims of apartheid. But when the ANC-aligned justices attempted to expand these egalitarian understandings to cases involving socioeconomic rights, they encountered stiff resistance from the ANC and subsequently capitulated, which is consistent with the deliberative partnership thesis.

Type
Chapter
Information
Reconstructing Rights
Courts, Parties, and Equality Rights in India, South Africa, and the United States
, pp. 189 - 220
Publisher: Cambridge University Press
Print publication year: 2019

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×