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Chapter Two of the Constitution of South Africa contains the Bill of Rights, a human rights charter that protects the civil, political and socio-economic rights of all people in South Africa. The rights in the Bill apply to all law, including the common law , and bind all branches of the government, including the national executive, Parliament ...
The South African Bill of Rights is "the principal source of substantive constraints on public power in the Constitution." [1] [clarification needed] The Bill of Rights instructs the state to use the power that the Constitution of South Africa gives it in ways that do not violate fundamental rights.
Under the principle of avoidance, a court will generally attempt to interpret legislation in conformity with the Bill of Rights before considering the direct application of the Bill of Rights. If an impugned provision can be read down as constitutional, the challenge to its constitutionality must fail, as it is consistent with the Constitution.
The Constitutional Court held that the issue of whether socio-economic rights are justiciable at all in South Africa is put beyond question by the text of the Constitution as construed in the judgment Ex parte Chairperson of the Constitutional Assembly: In re Certification of the Constitution of the Republic of South Africa. [6]
South Africa Bill of Rights. Add languages. Add links ... Chapter Two of the Constitution of South Africa; ... Text is available under the Creative Commons ...
Chapter 2 is a bill of rights which enumerates the civil, political, economic, social and cultural human rights of the people of South Africa. Most of these rights apply to anyone in the country, with the exception of the right to vote, the right to work and the right to enter the country, which apply only to citizens.
Pages for logged out editors learn more. Contributions; Talk; Bill of Rights of South Africa
Countries (in pink) which share the mixed South African legal system. South Africa has a 'hybrid' or 'mixed' legal system, [1] formed by the interweaving of a number of distinct legal traditions: a civil law system inherited from the Dutch, a common law system inherited from the British, and a customary law system inherited from indigenous Africans (often termed African Customary Law, of which ...