Midterm: Law

Question 1

what is the significance of para 88 in Law?

Answer 1

states that the following are guidelines, not to be seen as a strict test. As s15(1) jurisprudence evolves, further modifications may emerge. This approach is an attempt to avoid a formalist approach.

Question 2

What are the three central issues that the Law analysis focuses on?

Answer 2

1. whether the law imposes differential treatment, in purpose or effect.
2. whether the enumerated or analogous grounds are the basis for the differential treatment
3. whether the law has a purpose or effect that is discriminatory.

Question 3

What is the purpose of s15.1 as discussed in Law?

Answer 3

• to prevent the violation of essential human dignity

- to promote a society in which all persons enjoy equal recognition

Question 4

What is the comparative approach discussed in Law?

Answer 4

The claimant generally chooses the group they want to be compared with. If the comparison is insufficient, the Court may refine the comparison

Question 5

what are the 4 important contextual factors discussed in Law?

Answer 5

1. Pre existing disadvantage
   2, Correspondence between the claim and the claimants actual need, or the needs of other groups
2. The ameliorative purpose or effect of the impugned law upon a more disadvantaged person or group in society
3. the nature or scope of the interest affected by the impugned law.