MHR5904 Assignment 2 (COMPLETE ANSWERS) 2024 - DUE 1 October 2024
33 views 2 purchases
Course
Human Rights Interpretation (MHR5904)
Institution
University Of South Africa
Book
UN Human Rights Treaty Bodies
MHR5904 Assignment 2 (QUESTIONS & ANSWERS) 2024 - DUE 1 October 2024 ;100 % TRUSTED workings, Expert Solved, Explanations and Solutions. For assistance call or W.h.a.t.s.a.p.p us on ...(.+.2.5.4.7.7.9.5.4.0.1.3.2)...........
MHR5904
ASSIGNMENT 2 2024
UNIQUE NO.
DUE DATE: 1 OCTOBER 2024
, MHR5904
Assignment 2 2024
Unique Number:
Due Date: 01 October 2024
Human Rights Interpretation
Essay
Critical Engagement with S v Makwanyane and the Abolition of the Death Penalty
in South Africa
Introduction
The S v Makwanyane (1995) case is a landmark decision in South African constitutional
law, as it declared the death penalty unconstitutional under the new democratic order.
The judgment is a rich legal document that touches upon human rights,
constitutionalism, and the role of the judiciary in a nascent democracy. This essay
provides a critical analysis of the reasoning in Makwanyane, with particular attention to
the constitutional values of human dignity, equality, and the right to life. I argue that
while the Constitutional Court’s decision was correctly grounded in the constitutional
framework, it leaves unresolved tensions about retributive justice and public opinion.
1. Constitutional Foundations and the Role of the Death Penalty
The Constitutional Court’s reasoning in Makwanyane centered on the fundamental
rights contained in Sections 9 (equality), 10 (dignity), and 11 (life) of the Interim
Constitution (1993). Chief Justice Chaskalson, delivering the majority judgment,
contended that capital punishment inherently violated the right to life and dignity. He
based his reasoning not only on South African law but also on international human
rights principles (Chaskalson, 1995). Comparative constitutional law, particularly from
Germany and India, significantly influenced the judgment, reflecting a cosmopolitan
approach to constitutional interpretation.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller LIBRARYpro. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $2.71. You're not tied to anything after your purchase.