n Without Prejudice - The (missing) link between benefit and disadvantage : affirmative action

Volume 14, Issue 11
  • ISSN : 1681-178X



In 2004 (6) SA 121 (CC), the Constitutional Court suggested that there must be a rational link between a public policy providing benefits, and specific disadvantage suffered by a beneficiary of the policy. Pursuant to a decision of the Indian Supreme Court, this approach may pave the way to a more nuanced approach to affirmative action.

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