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One of the first decisions by the Constitutional Court was the 1995 case of S v Makwanyane, in which the court addressed the constitutionality of the death penalty.The principal judgment, by President of the Court Arthur Chaskalson, found the death penalty to be unconstitutional not because it violated the right to life, but because it violated the prohibition of cruel, inhuman and degrading ...
South African constitutional law is the area of South African law relating to the interpretation and application of the Constitution of the Republic of South Africa by the country's courts. All laws of South Africa must conform with the Constitution; any laws inconsistent with the Constitution have no force or effect.
As confirmed by the Constitutional Court in Pharmaceutical Manufacturers Association: In re Ex Parte President, this provision, read with enabling provisions elsewhere in the Constitution, is the basis of a wide-ranging system of judicial review in South Africa. Section 7(1) additionally binds the state to respect and fulfil constitutional rights.
Soobramoney brought an application to the Durban High Court for an order that Addington give him the necessary treatment, citing section 27(3) Constitution of South Africa which gives everyone the right not to be "refused emergency medical treatment," and section 11 Constitution of South Africa insisting also on his constitutionally-protected ...
Bitzer, 427 U.S. 445 (1976) allows Congress to abrogate state immunity from suit under Section 5 of the Fourteenth Amendment; this was broadened to include bankruptcy cases by Central Virginia Community College v. Katz, 546 U.S. 356 (2006), based on Article I, Section 8, Clause 4 of the Constitution. In Lapides v.
The Interim Constitution was to be implemented at 27 April 1994. On 2 March 1994, the proposed interim constitution was amended by the Constitution of the Republic of South Africa Amendment Act, 1994. This amendment created provisions for the creation of a Volkstaat Council. For this purpose a new chapter (11A) was inserted in the Interim ...
Security of the person is a basic entitlement guaranteed by the Universal Declaration of Human Rights, adopted by the United Nations in 1948. It is also a human right explicitly defined and guaranteed by the European Convention on Human Rights, the Constitution of Canada, the Constitution of South Africa and other laws around the world.
A constitutional right can be a prerogative or a duty, a power or a restraint of power, recognized and established by a sovereign state or union of states. Constitutional rights may be expressly stipulated in a national constitution, or they may be inferred from the language of a national constitution, which is the supreme law of the land, meaning that laws that contradict it are considered ...