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Reading transformative constitutionalism through a spatial lens : the value of legal geography for transformation
Mini Dissertation (LLM)--University of Pretoria, 2019.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2019
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| _version_ | 1867613669542592512 |
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| access_status_str | Open Access |
| author2 | Van Marle, Karin |
| author_browse | Van Marle, Karin |
| author_facet | Van Marle, Karin |
| collection | Thesis |
| dc_rights_str_mv | © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini Dissertation (LLM)--University of Pretoria, 2019. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/69888 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:39:49.604Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2019 |
| publishDateRange | 2019 |
| publishDateSort | 2019 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/69888 Reading transformative constitutionalism through a spatial lens : the value of legal geography for transformation Van Marle, Karin u28158963@tuks.co.za Macakati, Inga UCTD Mini Dissertation (LLM)--University of Pretoria, 2019. As an attempt to contribute meaningfully to scholarly intervention within the post-apartheid South African jurisprudence, this dissertation joins the engagement with transformative constitutionalism, as formulated by Karl Klare. The main research problem for this project is to ask what role transformative constitutionalism plays in the realisation of socio-economic rights (if any). My main interest is to read transformative constitutionalism through a spatial lens and to investigate the connection between the continuance of apartheid spatial organisation and poverty. The overarching enquiry is based on the question: how could transformative constitutionalism combined with a concern with legal geography address poverty and specifically the implementation of socio-economic rights? Transformative constitutionalism is a long-term project intended to bring about change through interpretation in the adjudicative process; it embodies a desire a changed legal culture in the constitutional dispensation. The concept of transformative constitutionalism has been described using the bridge metaphor enunciated by Mureinik which symbolises a transition from an authoritarian past, towards a culture of justification. The assumption has been that this is the kind of approach and change in legal culture that has informed post- apartheid jurisprudence and adjudication. The assumption made in this research is that transformative constitutionalism as an approach is an enabling tool because it embodies within its function, change and a transformed legal culture. However, I go further by focusing my discussion of transformative constitutionalism through a spatial lens to investigate how legal geography can address poverty and the implementation of socio-economic rights specifically. Legal geography is a stream of scholarship that considers the interconnectedness of law and spatiality. The focus on spatiality purports to discuss space as an ‘ethical position’ in as far as it calls for a radical thinking about justice, spatial justice. The discourse framework of transformative constitutionalism can be significantly advanced by adopting a critical spatial perspective. The overlap between space, knowledge and power can be both oppressive and enabling. Thinking spatially about justice can reveal new insights that challenge and expand our practical knowledge towards more meaningful actions to achieve greater justice and realise a legal culture concerned with capacitating the impoverished people. Jurisprudence LLM Unrestricted 2019-06-02T11:39:22Z 2019-06-02T11:39:22Z 2019/04/04 2019 Mini Dissertation Macakati, I 2019, Reading transformative constitutionalism through a spatial lens : the value of legal geography for transformation, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/69888> A2019 http://hdl.handle.net/2263/69888 en © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Reading transformative constitutionalism through a spatial lens : the value of legal geography for transformation |
| title | Reading transformative constitutionalism through a spatial lens : the value of legal geography for transformation |
| title_full | Reading transformative constitutionalism through a spatial lens : the value of legal geography for transformation |
| title_fullStr | Reading transformative constitutionalism through a spatial lens : the value of legal geography for transformation |
| title_full_unstemmed | Reading transformative constitutionalism through a spatial lens : the value of legal geography for transformation |
| title_short | Reading transformative constitutionalism through a spatial lens : the value of legal geography for transformation |
| title_sort | reading transformative constitutionalism through a spatial lens the value of legal geography for transformation |
| topic | UCTD |
| url | http://hdl.handle.net/2263/69888 |