How was the South African Bill of Rights drafted? What factors influenced the process, and how will it affect our everyday life? These and related questions are answered in this book. Written by two lawyers intimately involved with the drafting of the transitional Bill of Rights, this publication examines the political context in which the drafting took place, and methods of constitutional interpretation. It also provides an account of the process by which each section was formulated, and the potential meaning therein.
Sprache
Verlagsort
Verlagsgruppe
Zielgruppe
Für höhere Schule und Studium
Für Beruf und Forschung
Illustrationen
Maße
ISBN-13
978-0-7021-3333-6 (9780702133336)
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Schweitzer Klassifikation
Part 1 The background - constitutional transition in the early 1990s: the negotiations; the transitional Constitution; brief assessment of the transitional Constitution. Part 2 The chapter on fundamental rights in the context of the negotiating process: introductory observations; ideological context; the functioning of the Multi-Party negotiating process; the birth of Chapter 3. Part 3 Observations on reading and understanding the chapter on fundamental rights as a constitutional instrument: shortcomings in the South African judiciary's approach to statutory interpretation; what does constitutional interpretation involve?; two specific issues; Chapter 3 and the new constitutional text; constitutional interpretation in relation to statutory interpretation. Part 4 The genesis of the operational provisions of the Chapter on Fundamental Rights: the application clause (Section 7); the interpetation clause (Section 35); the limitation clause (Section 33); the suspension clause (Section 34). Part 5 The genesis of the sections entrenching specific rights: equality; life; human dignity; freedom and security of the person; servitude and forced labour; privacy; religion, belief and opinion; freedom of expression; assembly, demonstration and petition; freedom of association; freedom of movement; residence; citizens' rights; political rights; access to court; access to information; administrative justice; detained, arrested and accused persons; economic activity; labour relations; property; environment; children; language and culture; education. Part 6 Enforcement mechanisms: the views of the parties; the Constitutional Court; the Public Protector and Human Rights Commission; assessment of the enforcement mechanisms. Part 7 What can be learned from the process?
