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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 ...
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.
The Constitution of South Africa is the supreme law of the Republic of South Africa. ... Section 11: the right to life; Section 12: ...
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 ...
South Africa is generally considered to have had five constitutional documents since the Union was established in 1910, including the current one. The constitutions in chronological order are: South Africa Act 1909; Constitution of South Africa, 1961 (also known as the "Republican Constitution")
The Christian Lawyers Association claimed that abortion violates section 11 of the Constitution, which provides that "Everyone has the right to life." The government noted an exception (a demurrer) on the grounds that constitutional rights do not apply to fetuses and that there was therefore no case to answer. The court accepted the government ...
Second, however, the Constitutional Court found that section 49(2) authorised unjustifiable violations of three rights protected by the Bill of Rights: the right to human dignity, in section 10 of the Constitution; the right to life, in section 11; and the right to freedom and security of the person, in section 12.
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 ...