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The court found that interpreting a right in its context required the consideration of two types of context. On the one hand, rights had to be understood in their textual setting, which required a consideration of Chapter 2 and the Constitution as a whole. On the other hand, rights also had to be understood in their social and historical context.
Irene Grootboom (c. 1969 – 2008) was a South African housing rights activist best known for her victory before the Constitutional Court in 2000. [1] The Court found that the government had not met its obligation to provide adequate alternative housing for the residents of Kraaifontein’s Wallacedene informal settlement. The ruling provided ...
The Grootboom case concerned the right to social housing. The Grootboom reasonableness test was applied by the Constitutional Court in the Minister of Health v Treatment Action Campaign case (2002). The claimant argued that the Ministry of Health infringed section 27(3) Constitution of South Africa by failing to distribute the free medicine ...
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 ...
A landmark case in this regard was Barkhuizen v Napier, a contract law matter in which the Constitutional Court held that contractual provisions should be tested not against constitutional rights but against public policy, provided that public policy doctrine, in the constitutional era, has constitutional content which encompasses the values of ...
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This prescriptive use of Constitutionalism is also concerned with the principles of constitutional design, which includes the principle that the field of public action be partitioned between delegated powers to the government and the rights of individuals, each of which is a restriction of the other, and that no powers be delegated that are ...
Government of the Republic of South Africa and Others v Grootboom and Others. Add languages. Add links. Article; Talk; English. Read; Edit;