LEGAL PHILOSOPHY.docx assignment.docx - LEGAL PHILOSOPHY...

LEGAL PHILOSOPHY
NAME: Kganyago Manoko Francinah
STUDENT NO: 55600735
SUBJECT CODE: LJU4801
UNIQUE NO: 733856
Assignment : 1
Question 1
Definition of the following concepts
1.1 Transformative constitutionalism
constitutional transformation in South Africa includes the dismantling of the formal
structures of apartheid, the explicit targeting and ultimate eradication of the (public
and private) social structures that cause and reinforce inequality, the redistribution of
social capital along egalitarian lines, an explicit engagement with social vulnerability
in all legislative, executive and judicial action and the empowerment of poor and
otherwise historically marginalised sectors of society through pro-active and
context-sensitive measures that affirm human dignity (see Moseneke (2002 18
SAJHR 309 at 318-319; De Vos (2001) 17 SAJHR 258 at 267;
Constitution as providing: a historic bridge between the past of a deeply divided
society characterised by strife, conflict, untold suffering and injustice, and a future