Discuss the basic principles of transformative constitutionalism
Basic principles of transformative constitutionalism
Transformative constitutionalism refers to the commitment to substantive equality and improving socioeconomic conditions. The principle demands that lawyers are aware of how the law does and can play a role in affecting power relations, access to resources, and human dignity Some of the principles of transformative constitutionalism include an endorsement of justifiable socio-economic rights, equality, access to equal justice and truly equal society.
Transformative constitutionalism usually includes an endorsement of justiciable socio-economic rights and substantive equality. It also talks to a form of legal reasoning that is conscious of the interplay between morality and law. It also demands that lawyers understand that legal reasoning is heavily influenced by a lawyer’s political and moral convictions, especially when the law is ambiguous or vague. Transformative constitutionalism demands all this because, in essence, it entails using law to ensure that society moves towards an environment that reflects equality, a better society. The access to equal justice principle is also one among other important aspects of the transformative constitutionalism. It involves the transformative constitutionalism being committed to substantive equality and improving socioeconomic conditions.