2024
IRM1501
ASSIGNMENT 1&2
DUE: FEB/MARCH 2024
SEMESTER 1
, IRM1501 ASSIGNMENT 1/2 2024
ASSIGNMENT ONE
QUESTION 1
With relevant decided cases, discuss transformative constitutionalism and
identify three basic principles of transformative constitutionalism.
Transformative Constitutionalism:
Transformative constitutionalism is a legal and political philosophy that emerged in the
context of constitutional transitions, particularly in post-apartheid South Africa. It
emphasizes the transformative potential of constitutional law to bring about social
change, justice, and the establishment of democratic values. In the provided text,
transformative constitutionalism is introduced in the context of a research methodology
module for law and criminal justice.
Relevant Decided Cases:
The text briefly mentions a Constitutional Court case, Everfresh Market Virginia (Pty)
Ltd v Shoprite Checkers (Pty) Ltd (2012) (1) SA 256 (CC), as an example of how
transformative constitutionalism can be applied. In this case, the Constitutional Court
was asked to infuse the law of contract with constitutional values, particularly ubuntu
and fairness.
IRM1501
ASSIGNMENT 1&2
DUE: FEB/MARCH 2024
SEMESTER 1
, IRM1501 ASSIGNMENT 1/2 2024
ASSIGNMENT ONE
QUESTION 1
With relevant decided cases, discuss transformative constitutionalism and
identify three basic principles of transformative constitutionalism.
Transformative Constitutionalism:
Transformative constitutionalism is a legal and political philosophy that emerged in the
context of constitutional transitions, particularly in post-apartheid South Africa. It
emphasizes the transformative potential of constitutional law to bring about social
change, justice, and the establishment of democratic values. In the provided text,
transformative constitutionalism is introduced in the context of a research methodology
module for law and criminal justice.
Relevant Decided Cases:
The text briefly mentions a Constitutional Court case, Everfresh Market Virginia (Pty)
Ltd v Shoprite Checkers (Pty) Ltd (2012) (1) SA 256 (CC), as an example of how
transformative constitutionalism can be applied. In this case, the Constitutional Court
was asked to infuse the law of contract with constitutional values, particularly ubuntu
and fairness.
