'N oorsig van die ontwikkeling van omgewingsielkunde in Suid-Afrika.

Staden, Fred Van

doi:10.1037/e401772004-001

Cited by 1 publication

(1 citation statement)

References 0 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…When a statute, and it is submitted particularly a supreme constitution, is interpreted, it cannot be 'averred that the particularity of circumstances requires that the generally applicable provisions should not be applied'. 121 The Constitution, indeed, with its general provisions, provides for all eventualities, meaning that whatever might happen, the Constitution's provisions and requirements must be complied with, letter and spirit. 122 For instance, even if an invasion from the planet Mars by an alien species were to take place -something the negotiators and drafters of the Constitution could never have anticipated -the military would still be required to comply with the prescripts of sections 200 to 202 of the Constitution and government would still be required to follow the state of national defence provisions in section 203.…”

Section: Conclusion and Recommendationsmentioning

confidence: 99%

Constitutional rights and their limitations: A critical appraisal of the COVID-19 lockdown in South Africa

Staden¹

2021

Afr. hum. rights law j.

View full text Add to dashboard Cite

The purpose of the rule of law, entrenched as supreme in section 1(c) of the South African Constitution, is to guard against tyranny. If the rule of law is conceptualised as a meta-legal doctrine that is meant to permeate all law in the promotion of certainty, predictability and accessibility, in the interests of safeguarding constitutional rights, this makes sense. Yet, the COVID-19 pandemic has seen the reach of state power expand at the expense of these rights. South Africa's COVID-19 lockdown, and within at least its first five months carrying the endorsement of the courts, has made a mockery of the rule of law so conceived. This article considers the constitutionality of South Africa's COVID-19 lockdown against the backdrop of the constitutional rights limitation regime within the broader theoretical framework of constitutionalism and the rule of law. This analysis is conducted in the context of some early challenges brought against the lockdown in four High Court cases. The article concludes that the South African government, with the partial endorsement of the courts, has strayed beyond the bounds of the Constitution and engaged in unjustified violations of constitutional rights.

show abstract

Section: Conclusion and Recommendationsmentioning

confidence: 99%

Constitutional rights and their limitations: A critical appraisal of the COVID-19 lockdown in South Africa

Staden¹

2021

Afr. hum. rights law j.

View full text Add to dashboard Cite

show abstract

'N oorsig van die ontwikkeling van omgewingsielkunde in Suid-Afrika.

Cited by 1 publication

References 0 publications

Constitutional rights and their limitations: A critical appraisal of the COVID-19 lockdown in South Africa

Constitutional rights and their limitations: A critical appraisal of the COVID-19 lockdown in South Africa

Contact Info

Product

Resources

About