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Fundamental rights in the private sphere: a study of South African constitutional law with comparative analysis of German, US-American and Canadian law
The Constitution of the Republic of South Africa of 1996 (Final Constitution, FC)1 deals with the relationship between the Bill of Rights and non-constitutional law in two particular sections. Section 8 FC provides in subsection 2 the general notion that (a) provision of the Bill of Rights binds a n...
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| Format: | Thesis |
| Language: | English English |
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Centre for Law and Society
2026
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| Summary: | The Constitution of the Republic of South Africa of 1996 (Final Constitution, FC)1 deals with the relationship between the Bill of Rights and non-constitutional law in two particular sections. Section 8 FC provides in subsection 2 the general notion that (a) provision of the Bill of Rights binds a natural or a juristic person if, and to the extent that, it is applicable, taking into account the nature of the right and the nature of any duty imposed by the right.", while section 39 (2) FC, the interpretation clause requires that (w)hen: interpreting any legislation, and when developing the common law or customary law, every court, tribunal or forum must promote the spirit, purport and objects of the Bill of Rights. |
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