Midterm: Law Flashcards
1
Q
what is the significance of para 88 in Law?
A
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.
2
Q
What are the three central issues that the Law analysis focuses on?
A
- whether the law imposes differential treatment, in purpose or effect.
- whether the enumerated or analogous grounds are the basis for the differential treatment
- whether the law has a purpose or effect that is discriminatory.
3
Q
What is the purpose of s15.1 as discussed in Law?
A
- to prevent the violation of essential human dignity
- to promote a society in which all persons enjoy equal recognition
4
Q
What is the comparative approach discussed in Law?
A
The claimant generally chooses the group they want to be compared with. If the comparison is insufficient, the Court may refine the comparison
5
Q
what are the 4 important contextual factors discussed in Law?
A
- Pre existing disadvantage
2, Correspondence between the claim and the claimants actual need, or the needs of other groups - The ameliorative purpose or effect of the impugned law upon a more disadvantaged person or group in society
- the nature or scope of the interest affected by the impugned law.