A comparative study of fundamental rights in South Africa and Ireland with specific emphasis on human dignity

Abstract

Since the post-apartheid constitutional era connmenced almost two decades ago, there have been many progressive judicial decisions on fundamental rights in South Africa. By contrast over the same period, the longer-established Irish legal system has gone through a phase of deference to the separation of powers resulting in a more restricted interpretation of human rights. As no comprehensive analysis of the comparison between fundamental rights in South Africa and Ireland has hitherto been undertaken, this thesis aims to address that subject. The thesis involves substantial doctrinal research and a literature review focusing primarily on fundamental rights in South Africa, Ireland and internationally, but extending to other countries and regional systems. Case law and legislation are noted, and new developments tracked. The conclusions result from deductive and inductive reasoning, refined by critical evaluations.