IRM1501
ASSIGNMENT: 01
SEMESTER: 01
DUE DATE: 4 MARCH 2024
Written Assignment Submission Guidelines:
Please ensure that your assignment is submitted electronically through the myUnisa platform no
later than 4 March 2024. Kindly note that fax or email submissions will not be accepted.
QUESTION 1
With relevant decided cases, discuss transformative constitutionalism and identify three basic
principles of transformative constitutionalism. [6MARKS]
ANSWER:
Transformative Constitutionalism and its Core Principles:
Transformative constitutionalism represents a significant shift in how we interpret and apply
constitutional principles. It aims to bring about profound social change, promoting justice and
equality. Rooted in acknowledging historical injustices, it seeks to transform society for the better,
especially for marginalized groups. Let's explore three key principles of transformative
constitutionalism:
1. Substantive Equality:
• This principle focuses on correcting deep-seated inequalities and historical injustices by
ensuring that everyone has fair access to rights, resources, and opportunities. In the case of
Minister of Finance v Van Heerden (2004) in South Africa, a discriminatory pension policy
ASSIGNMENT: 01
SEMESTER: 01
DUE DATE: 4 MARCH 2024
Written Assignment Submission Guidelines:
Please ensure that your assignment is submitted electronically through the myUnisa platform no
later than 4 March 2024. Kindly note that fax or email submissions will not be accepted.
QUESTION 1
With relevant decided cases, discuss transformative constitutionalism and identify three basic
principles of transformative constitutionalism. [6MARKS]
ANSWER:
Transformative Constitutionalism and its Core Principles:
Transformative constitutionalism represents a significant shift in how we interpret and apply
constitutional principles. It aims to bring about profound social change, promoting justice and
equality. Rooted in acknowledging historical injustices, it seeks to transform society for the better,
especially for marginalized groups. Let's explore three key principles of transformative
constitutionalism:
1. Substantive Equality:
• This principle focuses on correcting deep-seated inequalities and historical injustices by
ensuring that everyone has fair access to rights, resources, and opportunities. In the case of
Minister of Finance v Van Heerden (2004) in South Africa, a discriminatory pension policy
