Journal Article

The role of dignity in equality law: Lessons from Canada and South Africa

Rory O'Connell

in International Journal of Constitutional Law

Published on behalf of The New York University School of Law

Volume 6, issue 2, pages 267-286
Published in print April 2008 | ISSN: 1474-2640
Published online March 2008 | e-ISSN: 1474-2659 | DOI: http://dx.doi.org/10.1093/icon/mon004
The role of dignity in equality law: Lessons from Canada and South Africa

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This paper examines the link made on occasion between the concept of dignity and substantive equality; it is further noted that dignity can have very different meanings in different contexts. While the notion of dignity does not often play a substantive role in the resolution of decisions, sometimes the underlying understanding of dignity does matter. However, in all cases, judges should avoid the temptation to rely on unarticulated value judgments or subjective notions of dignity. When judges make reference to dignity, they should articulate the values underpinning their conception of it.

Journal Article.  8722 words. 

Subjects: Constitutional and Administrative Law ; UK Politics

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