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Rrllb81 Assignment 2 (Detailed Answers) Semester 2 2025 - The Philosophy Of Public Policy

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RRLLB81 Assignment 2 (DETAILED ANSWERS) Semester 2 2025 - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED Answers, guidelines, workings and references ,... THE PHILOSOPHY OF PUBLIC POLICY Background Public policy analysis implies an estimation and examination of formulating, adopting, and implementing a principle or course of action intended to improve economic, social, or other public issues. The term ‘public policy’ is often used when describing what would be in the best interest of the community, considering the history of the society and its prospects. This philosophy seems to underpin the notion of public good in the true sense of the word. But, philosophically, how could an institution such as a court or a lawmaker capture the meaning of the term perfectly? How is it possible that an institution would know what is in the general interest of the community at large, particularly where people have different needs and aims? The adoption of the notion of public policy is intended to solve current and future problems. It should therefore be future oriented. Thus, the courts when referring to public policy refers to a policy that recognises the future and takes cognisance of the present and the past. In this sense, public policy should be shaped in a manner that weighs competing rights or interests and adopts measures that advance more compelling rights or interests. Can the idea of public policy be used to transform society and its laws? What would be an ideal concept of public policy in this constitutional dispensation? Provide your own understanding and opinion about public policy in a legal philosophy sense. Suggested reading material Cases Barkhuizen v Napier 2007 (5) SA 323 (CC) King v De Jager 2021 (4) SA 1 (CC) Books De Vos P and Freedman W (eds), South African Constitutional Law in Context (2nd edn, OUP 2021) Rautenbach C (ed), Introduction to Legal Pluralism in South Africa (6th edn, LexisNexis 2021) RRLLB81/103/2/2025 63 Legislation Constitution of the Republic of South Africa, 1996 Journal Articles Govender J and Reddy PS, ‘Failing the Public through Public Policy: A Review of the Local Government Experience in South Africa’ (2012) 5 African J of Public Affairs 69 Malapane M and Nyane H, ‘The Role of the Courts in the Public Policy Domain in South Africa’ (2023) 43 Obiter 713

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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




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Publisher: 2020 ISBN: 9789785916546 Edition: Unknown

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