An analysis of the approach adopted by the South African Constitutional Court to the right to equality and non-discrimination in the five decisions concerning section 8 of the interim Constitution compared to the approach adopted by the Belgian Court of Arbitration

Since time immemorial, equality is a concept which has been the subject of philosophical debate and political contest. Today, democratic society proclaims itself to be committed to the values of openness, democracy, freedom and equality. In South Africa and in Belgium, equality is a fundamental value which lies at the heart of both Constitutions. For different reasons, this right is central regarding the two Constitutional Courts. In South Africa, the importance of the decisions made by the Constitutional Court in the equality and non-discrimination field is clear given its particular history... Mehr ...