The issue of the vertical /or horizontal operation of the Bill of Rights (chapter 3) is a controversial one. The interim constitution deals with this controversy in a subtle way by avoiding direct horizontal operation of ...
The Zuma case - important as the first decision of the Constitutional Court - is primarily
concerned with the constitutionality of section 217(l)(b)(ii) of the Criminal Procedure Act.
In trying to fmd an answer to this ...
An important change wrought by the post-1994 South African Constitutions is the attempt to
have South Africa recognised as a democratic and sovereign state in the "family of nations."
The new Constitutions make extensive ...
The legislative supremacy of Parliament, a dominant characteristic of the Westminster system of government, has for a long time been the basic norm of South African constitutional law. In line with the Westminster ...
The dissertation consists of an analysis of the Constitutional Court decision S v Mhlungu 1995(7)
BCLR 793 CC. The analysis focuses on the significance of the different interpretative approaches
adopted by the members ...
This article considers the nature of interpretation as important question in constitutional
interpretation from a theonomic epistemological perspective. Theonomic epistemology is
summarily described. The modem language ...
South African courts face a challenge in the application of intra and extra-texual aids in
constitutional interpretation. Given that the 1993 and 1996 Constitutions have brought
about a new era in the exercise of human ...
Suid-Afrika is sedert 27 April 1994 'n materiele regstaat, wat deur beide uitdruklike en
'ongeskrewe' fundamentele waardes onderskraag word. Dit is juis hierdie fundamentele
waardes wat 'n blote formele konstitusie (as ...