 | Mandla Seleoane - 2001 - 184 pages
...such limitation be in terms of a law of general application; and that it be reasonable and justified in an open and democratic society based on human dignity, equality and freedom. 33 Section 43(a) vests the legislative authority in Parliament. Section 85(1) vests the executive authority... | |
 | Christof Heyns - 1998 - 344 pages
...interpreting the Bill of Rights, a court, tribunal or forum (a) must promote the values that underlie an open and democratic society based on human dignity, equality and freedom; (b) must consider international law; and (c) may consider foreign law. (2) When interpreting any legislation,... | |
 | Hennie P. P. Lötter - 1997 - 250 pages
...interpreting the Bill of Rights, a court, tribunal or forum (a) must promote the values that underlie an open and democratic society based on human dignity, equality and freedom; (b) must consider international law; and (c) may consider foreign law. (2) When interpreting any legislation,... | |
 | Antony Anghie, Garry Sturgess - 1998 - 818 pages
...limitation on rights, provides: 36. (1) The rights in the Bill of Rights may be limited only in terms of law of general application to the extent that the...(b) the importance of the purpose of the limitation; The pervading tenor of the rights in the Constitution and the substantive role accorded to law lies... | |
 | A. A. Yusuf - 1998 - 458 pages
...the Bill can be limited only in terms of law of general application. The limitation must however be reasonable and justifiable in an open and democratic...society based on human dignity, equality and freedom. The relevant factors to be taken into account in determining whether the limitation is reasonable and... | |
 | Jan De Groof, Hilde Penneman - 1998 - 494 pages
...limitation are that it must be through a law of general application and that the limitation must be reasonable and justifiable in an open and democratic society based on human dignity and freedom, taking into account all relevant factors. These factors include the nature of the right,... | |
 | Jane Duncan, Mandla Seleoane - 1998 - 272 pages
...by a law of general application and any limitation shall be permissible only to the extent that it is 'reasonable' and 'justifiable in an open and democratic society based on freedom and equality' and 'shall not negate the essential content of the right in question.' Certain... | |
 | Lullu Tshiwula - 1999 - 228 pages
...Rights1. The courts, when interpreting the Bill of Rights, must not only promote the values that underlie an open and democratic society based on human dignity, equality and freedom, but must also take international law into consideration, and may in addition take foreign law into... | |
 | Michael Harris, Martin Partington - 1999 - 620 pages
...Constitution of the Republic of South Africa provides that the rights may be limited "only in terms of law of general application to the extent that the...society based on human dignity, equality and freedom." A number of factors, including proportionality, must be taken into account by the court when assessing... | |
 | Titia Loenen, Paulo R. Rodrigues - 1999 - 470 pages
...limitation of a right entrenched in the Bill of Rights will only be justifiable if it is a limitation that is reasonable and justifiable in an open and democratic...society based on human dignity, equality and freedom. The emphasis on equality in our Constitution represents, for us, a clear rejection of the past in which... | |
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Rights may be limited only in terms of law of general application to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom... 
