IRM 1501 ASSESSMENT 1 SEMESTER 1 2024

IMR1501 ASSIGNMENT ONE QUESTION 1 With relevant decided cases, discuss transformative constitutionalism and identify three basic principles of transformative constitutionalism. (6 MARKS) Transformative constitutionalism represents a shift in the approach to constitutional interpretation and application. It seeks to address historical injustices and societal inequalities through the constitution, promoting social change and empowerment. One relevant case that illustrates transformative constitutionalism is the case of Minister of Health and Others v Treatment Action Campaign and Others (2002), in which the Constitutional Court of South Africa held that the government's denial of antiretroviral drugs to pregnant women with HIV violated their constitutional right to health. This decision not only addressed the immediate issue at hand but also reflected the court's commitment to transformative constitutionalism....