RRLLB81
Assignment 2 Semester 2 2025
Unique #:
Due Date: September 2025
Detailed solutions, explanations, workings
and references.
+27 81 278 3372
, THE PHILOSOPHY OF PUBLIC POLICY
By
[RRLLB81 STUDENT]
(012345678)
Submitted in partial fulfilment of the requirements for the degree
BACHELOR OF LAWS
in the
DEPARTMENT OF CRIMINAL AND PROCEDURAL LAW
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
SUPERVISOR: PROF MM MONYAKANE
RRLLB81 ASSESSMENT 2 / FINAL PORTFOLIO
(DUE DATE: September 2025)
Varsity Cube 2025 +27 81 278 3372
, ABSTRACT
This research explores the philosophy of public policy within the South African legal
framework, considering its constitutional foundations and judicial interpretation.
Public policy is often understood as the embodiment of the public good, yet its
content remains contested because communities have diverse needs and interests.
The study examines how courts, lawmakers, and institutions attempt to balance
these competing interests while remaining faithful to constitutional values such as
dignity, equality, and freedom. Case law such as Barkhuizen v Napier and King v De
Jager demonstrates the evolving role of courts in determining what constitutes
fairness and justice under the rubric of public policy. The research finds that public
policy can serve as a transformative tool in society if guided by constitutional
imperatives. However, its open-ended nature poses risks of subjectivity and
inconsistency, requiring careful judicial reasoning. The study concludes that an ideal
concept of public policy is one that is forward-looking, context-sensitive, and rooted
in constitutional values.
KEYWORDS
Public policy;
Constitutional values;
Legal philosophy;
South African courts;
Transformation
Varsity Cube 2025 +27 81 278 3372
Assignment 2 Semester 2 2025
Unique #:
Due Date: September 2025
Detailed solutions, explanations, workings
and references.
+27 81 278 3372
, THE PHILOSOPHY OF PUBLIC POLICY
By
[RRLLB81 STUDENT]
(012345678)
Submitted in partial fulfilment of the requirements for the degree
BACHELOR OF LAWS
in the
DEPARTMENT OF CRIMINAL AND PROCEDURAL LAW
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
SUPERVISOR: PROF MM MONYAKANE
RRLLB81 ASSESSMENT 2 / FINAL PORTFOLIO
(DUE DATE: September 2025)
Varsity Cube 2025 +27 81 278 3372
, ABSTRACT
This research explores the philosophy of public policy within the South African legal
framework, considering its constitutional foundations and judicial interpretation.
Public policy is often understood as the embodiment of the public good, yet its
content remains contested because communities have diverse needs and interests.
The study examines how courts, lawmakers, and institutions attempt to balance
these competing interests while remaining faithful to constitutional values such as
dignity, equality, and freedom. Case law such as Barkhuizen v Napier and King v De
Jager demonstrates the evolving role of courts in determining what constitutes
fairness and justice under the rubric of public policy. The research finds that public
policy can serve as a transformative tool in society if guided by constitutional
imperatives. However, its open-ended nature poses risks of subjectivity and
inconsistency, requiring careful judicial reasoning. The study concludes that an ideal
concept of public policy is one that is forward-looking, context-sensitive, and rooted
in constitutional values.
KEYWORDS
Public policy;
Constitutional values;
Legal philosophy;
South African courts;
Transformation
Varsity Cube 2025 +27 81 278 3372
