 | Christof Heyns - 1998 - 344 pages
...international humanitarian law in respect of the detention of such persons. Enforcement of rights 38. Anyone listed in this section has the right to approach...of another person who cannot act in their own name; (7) (8) 1 Section Number 2 Section Title 3 Extent to which the right is protected 12 Freedom and security... | |
 | George Williams - 2000 - 66 pages
...breaches of constitutional rights. For example, section 38 of the South African Constitution provides a 'right to approach a competent court, alleging that...threatened, and the court may grant appropriate relief. Even in the absence of an express provision, the United States Constitution has been held to confer... | |
 | Shadrack Gutto - 2001 - 388 pages
...binding on the Republic under international humanitarian law in respect of the detention of such persons. 38. Enforcement of rights Anyone listed in this section...of another person who cannot act in their own name; 1 Section number 2 Section title 3 Extent to which the right is protected 9 Equality With respect to... | |
 | Jeffrey Jowell, Jonathan Cooper - 2003 - 223 pages
...states: Anyone listed in this section shall have the right to approach a competent court, alleging a right in the Bill of Rights has been infringed or threatened and the courts may grant appropriate relief, including a declaration of rights. . . . us [1994]NZLR667. 119... | |
 | Meena Anand - 2004 - 268 pages
...international humanitarian law in respect of the detention of such persons. Enforcement of rights 38. Anyone listed in this section has the right to approach...declaration of rights. The persons who may approach a court are(a) anyone acting in their own interest (b) anyone acting on behalf of another person who cannot... | |
 | David A. McDonald - 2002 - 360 pages
...of Rights thus dramatically changes the position. It provides that anyone listed in the section may approach a competent court alleging that a right in...the Bill of Rights has been infringed or threatened. The list of such persons includes "anyone acting as a member of, or in the interest of, a group or... | |
 | Thilo Marauhn - 2005 - 208 pages
...conduct are provided for by sections 38, 172(1), 8(3) and 39(2). These sections provide as follows: S 38: Anyone listed in this section has the right to approach...appropriate relief, including a declaration of rights. S 172(1): When deciding a constitutional matter within its power, a court (a) must declare that any... | |
 | Koen Feyter - 2005 - 543 pages
...explicit provision on judicial remedies is provided in section 38 (Enforcement of rights), recognising the "right to approach a competent court, alleging...right in the Bill of Rights has been infringed or threatened".325 The same section specifies that the seized court "may grant appropriate relief, including... | |
 | Anne-Marie Mooney Cotter - 2006 - 320 pages
...Constitution, Section 38 ensures the enforcement of such rights, by holding that anyone listed in this Article has the right to approach a competent court, alleging...of rights. The persons who may approach a court are anyone acting in their own interest; anyone acting on behalf of another person who cannot act in their... | |
 | Roberto Gargarella, Pilar Domingo, Theunis Roux - 2006 - 336 pages
...anyone acting in the public interest; and (e) an association acting in the interest of its members' may 'approach a competent court, alleging that a right...the Bill of Rights has been infringed or threatened ...'. 26 M. Dasgupta, "Social Action for Women? Public Interest Litigation in India's Supreme Court',... | |
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Anyone listed in this section has the right to approach a competent court, alleging that a right in the Bill of Rights has been infringed or threatened, and the court may grant appropriate relief, including a declaration of rights. 
