Postdoctoral Research Fellowship for One Year in the Department of Public Law at Stellenbosch University
Project Title: Remedial equality under the Constitution: justifications and limits
Scope of Research: The justifications and limits of affirmative action – or remedial equality as it is sometimes referred to – are highly contested, as recent case law has demonstrated. While human dignity is increasingly invoked as a principled basis for distinguishing redress measures that are justified from ones that transgress the limits of constitutional equality, it could be asked whether a dignity-based approach does not rely too heavily on an individualized, recognition-based conception of equality, which underestimates the groups-based, systemic and distributive nature of the disadvantage in question. Conversely, it needs to be asked whether more robust conceptions, which recognise the collective and distributive nature of remedial equality, can set meaningful limits to the constitutionality of affirmative action programmes.
Against this background, the research is expected to inquire into the appropriate theoretical framework for understanding remedial equality; to use this framework as a basis for the analysis and critique of case law and academic literature dealing with the justifications and limits of affirmative action; and to draw on comparative constitutional jurisprudence relating to affirmative action.
Requirement: Doctorate in law (must have graduated within the last five years).
Commencement of duties: As soon as possible.
Duration of fellowship: One year financial support: A bursary valued at R200 000 is available.
Closing date: 7 March 2016
Enquiries: Send a letter of application, accompanied by a comprehensive curriculum vitae, including a list of publications and the names and contact details of at least two referees, to:
Prof Henk Botha, Department of Public Law, University of Stellenbosch (hbotha@sun.ac.za).
The letter of application should include a short statement (maximum two A4 pages) outlining the research problem that the applicant wishes to pursue. The research statement should address the applicant's expertise relating to the intended research.
Applicants should request their referees to forward confidential reports by the closing date directly to the above email address.
