ASSIGNMENT 01 - 688461
ILW1501
2019
, Assignment 01- 688461
QUESTION 1
1. Yes i do believe it has been achieved. The requirements for formal justice are as follows;
● There must be explicit rules laid down to show how people must be treated in
specific cases;
● The rules must apply generally- all people in the group under the same
circumstances,
● The rules must be applied impartially by a legal institution- judges must not be
biased.
2. Substantive justice relates to the content of the rule and not the way in which it is
applied. One has to look at the procedures of the company, in this case Solomon was
given the chance to relay his concerns to an objective party concerning his unsuccessful
application and his reason why it was unsuccessful. As mentioned in the scenario, an
impartial person has regarded the appointments within said company and found them to
be clear and equally applied.
QUESTION 2
Transformative constitutionalism means that the Constitution enforces the process of social and
economic transformation by making provision for certain measures to address the injustices and
inequalities of the past, to mention some measures;
● Affirmative action;
● Protection of socio economic rights;
● Prohibition of unfair discrimination.
ILW1501
2019
, Assignment 01- 688461
QUESTION 1
1. Yes i do believe it has been achieved. The requirements for formal justice are as follows;
● There must be explicit rules laid down to show how people must be treated in
specific cases;
● The rules must apply generally- all people in the group under the same
circumstances,
● The rules must be applied impartially by a legal institution- judges must not be
biased.
2. Substantive justice relates to the content of the rule and not the way in which it is
applied. One has to look at the procedures of the company, in this case Solomon was
given the chance to relay his concerns to an objective party concerning his unsuccessful
application and his reason why it was unsuccessful. As mentioned in the scenario, an
impartial person has regarded the appointments within said company and found them to
be clear and equally applied.
QUESTION 2
Transformative constitutionalism means that the Constitution enforces the process of social and
economic transformation by making provision for certain measures to address the injustices and
inequalities of the past, to mention some measures;
● Affirmative action;
● Protection of socio economic rights;
● Prohibition of unfair discrimination.
