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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

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

A
  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.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

what are the 4 important contextual factors discussed in Law?

A
  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.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly