Judicial Perspectives on Transforming Equality

Abstract

In law, equality is the antithesis of discrimination. As in many other areas of human rights law, however, the right balance very often has to be achieved between competing arguments which are reasonable on their face but which pull in different directions. How does the law achieve this? Constitutional instruments and statutes of course set out some principles and guidelines, but it is largely left to the courts to determine where the balance lies in any given situation. Such balance can only be reached through a principled, not arbitrary, approach that is ultimately based on the concept of dignity. Such principled approach includes the proportionality exercise.