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The value of human dignity in interpreting socio-economic rights
(South African Journal on Human Rights, 2005)
There has been considerable criticism of the use of human dignity as a guiding value in the context of South Africa's equality jurisprudence. What are the implications of the use of the value in socio-economic rights ...
The constitutionally bound dead hand? The impact of constitutional rights and principles on freedom of testation in South African law
(Juta, 2001)
This article analyses critically the impact of constitutionalism on freedom of testation and its limitation in South African law. It proposes the judicial utilisation of a 'constitutionally-founded boni mores criterion' ...
When does affirmative action in favour of certain employees become unfair discrimination against others
(Sage Publications, 2001)
The paper is concerned with the practical question of the circumstances under which measures which might otherwise have amounted to unfair discrimination will amount to affirmative action and will therefore be lawful. It ...