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In addition, the Constitution provides a general limitation clause at Section 36, which provides for all rights in the Bill of Rights to be limited in terms of law of general application and that "limitations must be reasonable and justifiable in an open and democratic society based on human dignity, equality, and freedom." Any limitation must ...
[6] In the South African Constitution, a general limitation clause, section 36, sets out specific criteria for the restriction of the fundamental rights in the Bill of Rights. The clause is general because it applies in the same way to all the rights in the Bill of Rights.
In circumstances where expression is not excluded from constitutional protection, any limitation on such expression must be justified in terms of the general limitation clause contained in section 36(1) of the Constitution, which provides that:
Finally, the High Court noted that section 58(1) of the Constitution, providing for freedom of speech in Parliament, was an absolute freedom, subject only to the rules and orders of the National Assembly, and that it was not a right subject to the limitations clause in section 36.
Therefore, litigation cannot be conducted without considering section 36 of the Constitution, the limitations clause; and several Chapter 2 rights directly relate to the law of civil procedure: the right to equality before the law (section 9), to freedom and security (12), to property (25), to have access to adequate housing (26), and the right ...
The United States Constitution and its amendments comprise hundreds of clauses which outline the functioning of the United States Federal Government, the political relationship between the states and the national government, and affect how the United States federal court system interprets the law. When a particular clause becomes an important ...
The limitations clause under section 36 of the South African law has been compared to section 1 of the Charter. [25] Likewise, Jamaica 's Charter of Fundamental Rights and Freedoms was also influenced, in part, by Canada's Charter .
Limitation clause: The clause places a limit on the amount that can be claimed for a breach of contract, regardless of the actual loss. Time limitation : The clause states that an action for a claim must be commenced within a certain period of time or the cause of action becomes extinguished.