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Thesis

What is unfair discrimination?

Alternative title:
A theory of the South African constitutional court's unfair discrimination jurisprudence
Abstract:

In this thesis, I seek to understand ‘unfair discrimination’ under the South African Constitution, as it has been interpreted and applied by the Constitutional Court. The Court holds that unfair discrimination involves differences in treatment that violate human dignity. However, it has not clearly explained what this violation of dignity involves. Without this explanation, its ‘Harksen test’ for unfair discrimination provides little guidance in identifying this wrong.

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Division:
SSD
Department:
Law
Department:
University of Oxford
Role:
Author

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Role:
Supervisor
Rhodes Trust More from this funder
Type of award:
MPhil
Level of award:
Masters
Awarding institution:
University of Oxford
Language:
English
Keywords:
Subjects:
UUID:
uuid:6807e1e7-3721-45de-8f4c-4a64c9558fe7
Deposit date:
2018-09-24

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