David Bilchitz
Dados Biográficos
| ID | 4275135 |
|---|---|
| NOME | David Bilchitz |
| PRENOMES | David |
| SOBRENOME | Bilchitz |
| ASSINATURA | BILCHITZ D |
| AFILIAÇÕES | University of Johannesburg |
| ORCID | 0000-0001-6195-675X |
| VERIFICADO | Sim |
| TOTAL DE OBRAS | 20 |
| TOTAL DE CITAÇÕES | 16 |
| OBRAS COMO AUTOR | 19 |
| OBRAS COMO EDITOR | 1 |
| PRIMEIRO ANO DE PUBLICAÇÃO | 2003 |
| ANO MAIS RECENTE DE PUBLICAÇÃO | 2023 |
| ÍNDICE H | 2 |
Transitional Justice, Distributive Justice, and Transformative Constitutionalism
This book offers one of the first in-depth comparisons between South Africa and Colombia. Both societies have pasts characterised by injustice, conflict, and violence, and both are seeking to establish new societies founded on liberty, equality, democracy, and constitutionalism. The introduction charts the relationship between three connected concepts which provide the conceptual framework for the book: the need for redress of past historical wro…
Is the automatic loss of South African citizenship for those acquiring other citizenships constitutional? Democratic Alliance v Minister of Home Affairs
1. For an increasing number of people, global mobility is a feature of their lives. Employment opportunities may arise in countries far removed from one’s place of birth; one may meet a significant
Corporations and the Limits of State-Based Models for Protecting Fundamental Rights in International Law
At the heart of international law lies a central tension. On the one hand, the fundamental rights recognized in international treaties protect the fundamental interests of individuals, obligating all actors who can affect these rights. One the other hand, international law has often been conceived of as a system in which the only legitimate actors are states. In turn, only states can be bound by the fundamental rights obligations in international…
The Necessity for a Business and Human Rights Treaty
In June 2014, the Human Rights Council passed a resolution establishing an inter-governmental working group to discuss a legally binding instrument relating to transnational corporations and other business enterprises. In this article, I outline four arguments for why such an instrument is desirable. Identifying the purpose of such a treaty is crucial in outlining a vision of what it should seek to achieve and in determining its content. The argu…
Dignity, fundamental rights and legal capacity
Article 12 of the CRPD is often heralded as a ‘paradigm shift’ in the treatment of those with psychosocial disabilities. Historically, many persons with psychosocial disabilities have been treated as ‘objects’, without considering their expressions of will, even when they are capable of making decisions. That unacceptable status quo needed to change; yet, the shifts that have taken place – in a document such as the General Comment on Article 12 o…
Introduction
South Africa marked 20 years of constitutional democracy when it went to the polls in May 2014. Voting is a particularly significant and moving occasion in South Africa: individuals waiting in the queues to cast their ballots are acutely aware of how the majority were excluded from the franchise; and, definitively, embrace a form of civic equality where every individual's voice counts. Given this history, the five successful free and fair nationa…
Are Socio-Economic Rights a Form of Political Rights
This article focuses on a particular problem in South Africa – and that has arisen in many developing democracies around the world – concerning the frequent failures of representative institutions adequately to represent and address the interests of the poor. It explores some of the underlying reasons that have been advanced to explain this phenomenon. The article then focuses on the recognition of fully justiciable socioeconomic rights in many m…
What was Left Unsaid
(2014). What was Left Unsaid: The Unconstitutionality of the Performing Animals Protection Act in Nspca V Minister of Agriculture, Forestry And Fisheries. South African Journal on Human Rights: Vol. 30, No. 1, pp. 183-195
Egalitarian Liberalism
Liberalism is associated by many with the protection of private property and the insulation of economic markets from state intervention. Yet the liberal tradition is very diverse, and some have taken its concern with equality and liberty in radically egalitarian directions that belie the reduction of liberalism to market-fundamentalist 'neoliberalism
Egalitarian Liberalism, Distributive Justice and the New Constitutionalism
These modern constitutions that have been adopted largely in the Global South enshrine a set of divergent values and rights that embrace both political philosophical concerns relating to liberty as well as distributive equality. This article seeks to grapple with the approach to distributive justice that can best give expression to the multiple normative commitments of these constitutions as well as key institutional features thereof. I argue for…
Constitutionalism, the Global South, and Economic Justice
Why Courts Should not Sanction Unfair Discrimination in the Private Sphere
This article addresses the question as to whether religious associations should be granted an exemption from legal anti-discrimination provisions relating to their employment practices. It focuses on responding to criticisms mainly by Patrick Lenta of my position that, in general, no such exemptions should be granted. The key issues I address are the following. Firstly, I shall consider the relationship between South Africa's particular context a…
Religion and the Public Sphere
What model of the relationship between religion and state is optimal for South Africa? In order to identify the possibilities that exist, this article engages in a critical evaluation of the differing models of the state-religion relationship that have been adopted internationally. Part I seeks to identify, from a philosophical perspective, the advantages and disadvantages of particular models. Part II then focuses more closely on the particular …
Introduction
For many believers, their relationship with God or creation is central to all their activities. It concerns their capacity to relate in an intensely meaningful fashion to their sense of themselves, their community and their universe. For millions in all walks of life, religion provides support and nurture and a framework for individual and social stability and growth. Religious belief has the capacity to awake concepts of self-worth and human dig…
Should Religious Associations be Allowed to Discriminate
Should religious associations be allowed to engage in acts of unfair discrimination on grounds prohibited in the Constitution where they claim their religious doctrines require it? This article argues for this question, in general, to be answered in the negative and seeks in the process to explore the tension between advancing equality in South African society whilst recognising the autonomy of private associations. The Strydom case – dealing wit…
Does Sandra Liebenberg’s New Book Provide a Viable Approach to Adjudicatin Socio-Economic Rights
Finding ways to eradicate the dire poverty that afflicts South Africa is perhaps one of the most pressing challenges in the 21st century. Some regard this as a pure matter of policy, upon which economists, social scientists and politicians must decide. The Constitution of the Republic of South Africa, 1996, however, gives an important role to lawyers and judges in dealing with socio-economic deprivation by including justiciable socio-economic rig…
Do Corporations Have Positive Fundamental Rights Obligations
Moving Beyond Arbitrariness
This article considers the legal personhood and dignity of non-human animals. It first argues that the concept of legal personhood can embrace all those who are capable of having rights or duties. Since the concept includes those who are rights-bearers, without necessarily being duty-bearers, it is necessary to investigate whether it is possible for animals to be rightsbearers within our law. It is argued that the traditional classification of an…
Poverty and Fundamental Rights
Towards a Reasonable Approach to the Minimum Core
The Constitutional Court has in a series of cases begun to develop its approach to adjudicating claims based on socio-economic rights. This article focuses on the Court’s recent decision in Minister of Health v Treatment Action Campaign 2002 (5) SA 721 (CC) and considers three main issues. First, it is argued that there is a need to supplement the Court’s approach based on reasonableness with an analysis of the obligations imposed upon the govern…
The Necessity for a Business and Human Rights Treaty
In June 2014, the Human Rights Council passed a resolution establishing an inter-governmental working group to discuss a legally binding instrument relating to transnational corporations and other business enterprises. In this article, I outline four arguments for why such an instrument is desirable. Identifying the purpose of such a treaty is crucial in outlining a vision of what it should seek to achieve and in determining its content. The argu…
Towards a Reasonable Approach to the Minimum Core
The Constitutional Court has in a series of cases begun to develop its approach to adjudicating claims based on socio-economic rights. This article focuses on the Court’s recent decision in Minister of Health v Treatment Action Campaign 2002 (5) SA 721 (CC) and considers three main issues. First, it is argued that there is a need to supplement the Court’s approach based on reasonableness with an analysis of the obligations imposed upon the govern…
Do Corporations Have Positive Fundamental Rights Obligations
Why Courts Should not Sanction Unfair Discrimination in the Private Sphere
This article addresses the question as to whether religious associations should be granted an exemption from legal anti-discrimination provisions relating to their employment practices. It focuses on responding to criticisms mainly by Patrick Lenta of my position that, in general, no such exemptions should be granted. The key issues I address are the following. Firstly, I shall consider the relationship between South Africa's particular context a…
Religion and the Public Sphere
What model of the relationship between religion and state is optimal for South Africa? In order to identify the possibilities that exist, this article engages in a critical evaluation of the differing models of the state-religion relationship that have been adopted internationally. Part I seeks to identify, from a philosophical perspective, the advantages and disadvantages of particular models. Part II then focuses more closely on the particular …
Moving Beyond Arbitrariness
This article considers the legal personhood and dignity of non-human animals. It first argues that the concept of legal personhood can embrace all those who are capable of having rights or duties. Since the concept includes those who are rights-bearers, without necessarily being duty-bearers, it is necessary to investigate whether it is possible for animals to be rightsbearers within our law. It is argued that the traditional classification of an…
Towards a Reasonable Approach to the Minimum Core
The Constitutional Court has in a series of cases begun to develop its approach to adjudicating claims based on socio-economic rights. This article focuses on the Court’s recent decision in Minister of Health v Treatment Action Campaign 2002 (5) SA 721 (CC) and considers three main issues. First, it is argued that there is a need to supplement the Court’s approach based on reasonableness with an analysis of the obligations imposed upon the govern…
Poverty and Fundamental Rights
Moving Beyond Arbitrariness
This article considers the legal personhood and dignity of non-human animals. It first argues that the concept of legal personhood can embrace all those who are capable of having rights or duties. Since the concept includes those who are rights-bearers, without necessarily being duty-bearers, it is necessary to investigate whether it is possible for animals to be rightsbearers within our law. It is argued that the traditional classification of an…
Do Corporations Have Positive Fundamental Rights Obligations
Should Religious Associations be Allowed to Discriminate
Should religious associations be allowed to engage in acts of unfair discrimination on grounds prohibited in the Constitution where they claim their religious doctrines require it? This article argues for this question, in general, to be answered in the negative and seeks in the process to explore the tension between advancing equality in South African society whilst recognising the autonomy of private associations. The Strydom case – dealing wit…
Does Sandra Liebenberg’s New Book Provide a Viable Approach to Adjudicatin Socio-Economic Rights
Finding ways to eradicate the dire poverty that afflicts South Africa is perhaps one of the most pressing challenges in the 21st century. Some regard this as a pure matter of policy, upon which economists, social scientists and politicians must decide. The Constitution of the Republic of South Africa, 1996, however, gives an important role to lawyers and judges in dealing with socio-economic deprivation by including justiciable socio-economic rig…
Why Courts Should not Sanction Unfair Discrimination in the Private Sphere
This article addresses the question as to whether religious associations should be granted an exemption from legal anti-discrimination provisions relating to their employment practices. It focuses on responding to criticisms mainly by Patrick Lenta of my position that, in general, no such exemptions should be granted. The key issues I address are the following. Firstly, I shall consider the relationship between South Africa's particular context a…
Religion and the Public Sphere
What model of the relationship between religion and state is optimal for South Africa? In order to identify the possibilities that exist, this article engages in a critical evaluation of the differing models of the state-religion relationship that have been adopted internationally. Part I seeks to identify, from a philosophical perspective, the advantages and disadvantages of particular models. Part II then focuses more closely on the particular …
Introduction
For many believers, their relationship with God or creation is central to all their activities. It concerns their capacity to relate in an intensely meaningful fashion to their sense of themselves, their community and their universe. For millions in all walks of life, religion provides support and nurture and a framework for individual and social stability and growth. Religious belief has the capacity to awake concepts of self-worth and human dig…
Constitutionalism, the Global South, and Economic Justice
What was Left Unsaid
(2014). What was Left Unsaid: The Unconstitutionality of the Performing Animals Protection Act in Nspca V Minister of Agriculture, Forestry And Fisheries. South African Journal on Human Rights: Vol. 30, No. 1, pp. 183-195
Egalitarian Liberalism
Liberalism is associated by many with the protection of private property and the insulation of economic markets from state intervention. Yet the liberal tradition is very diverse, and some have taken its concern with equality and liberty in radically egalitarian directions that belie the reduction of liberalism to market-fundamentalist 'neoliberalism
Egalitarian Liberalism, Distributive Justice and the New Constitutionalism
These modern constitutions that have been adopted largely in the Global South enshrine a set of divergent values and rights that embrace both political philosophical concerns relating to liberty as well as distributive equality. This article seeks to grapple with the approach to distributive justice that can best give expression to the multiple normative commitments of these constitutions as well as key institutional features thereof. I argue for…
Introduction
South Africa marked 20 years of constitutional democracy when it went to the polls in May 2014. Voting is a particularly significant and moving occasion in South Africa: individuals waiting in the queues to cast their ballots are acutely aware of how the majority were excluded from the franchise; and, definitively, embrace a form of civic equality where every individual's voice counts. Given this history, the five successful free and fair nationa…
Are Socio-Economic Rights a Form of Political Rights
This article focuses on a particular problem in South Africa – and that has arisen in many developing democracies around the world – concerning the frequent failures of representative institutions adequately to represent and address the interests of the poor. It explores some of the underlying reasons that have been advanced to explain this phenomenon. The article then focuses on the recognition of fully justiciable socioeconomic rights in many m…
Corporations and the Limits of State-Based Models for Protecting Fundamental Rights in International Law
At the heart of international law lies a central tension. On the one hand, the fundamental rights recognized in international treaties protect the fundamental interests of individuals, obligating all actors who can affect these rights. One the other hand, international law has often been conceived of as a system in which the only legitimate actors are states. In turn, only states can be bound by the fundamental rights obligations in international…
The Necessity for a Business and Human Rights Treaty
In June 2014, the Human Rights Council passed a resolution establishing an inter-governmental working group to discuss a legally binding instrument relating to transnational corporations and other business enterprises. In this article, I outline four arguments for why such an instrument is desirable. Identifying the purpose of such a treaty is crucial in outlining a vision of what it should seek to achieve and in determining its content. The argu…
Dignity, fundamental rights and legal capacity
Article 12 of the CRPD is often heralded as a ‘paradigm shift’ in the treatment of those with psychosocial disabilities. Historically, many persons with psychosocial disabilities have been treated as ‘objects’, without considering their expressions of will, even when they are capable of making decisions. That unacceptable status quo needed to change; yet, the shifts that have taken place – in a document such as the General Comment on Article 12 o…
Transitional Justice, Distributive Justice, and Transformative Constitutionalism
This book offers one of the first in-depth comparisons between South Africa and Colombia. Both societies have pasts characterised by injustice, conflict, and violence, and both are seeking to establish new societies founded on liberty, equality, democracy, and constitutionalism. The introduction charts the relationship between three connected concepts which provide the conceptual framework for the book: the need for redress of past historical wro…
Is the automatic loss of South African citizenship for those acquiring other citizenships constitutional? Democratic Alliance v Minister of Home Affairs
1. For an increasing number of people, global mobility is a feature of their lives. Employment opportunities may arise in countries far removed from one’s place of birth; one may meet a significant
Law (20 obras) · Political science (20 obras) · Sociology (17 obras) · Law and economics (12 obras) · Legal Issues in South Africa (11 obras) · Human rights (10 obras) · Politics (9 obras) · Law (7 obras) · Human Rights and Development (6 obras) · Democracy (4 obras)