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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.
The court held further that, in relation to the question of whether the limitation on the rights of the appellants could be justified in terms of section 36 of the Constitution, the relevant test was that limitations on constitutional rights could only pass constitutional muster if it was concluded that, considering the nature and importance of ...
The High Court ruled that the statutory prohibitions on cannabis use and possession limited Prince's constitutional rights, but it found that this limitation was not unconstitutional because it was justifiable in terms of section 36 of the Constitution. [1]
Section 16(1) of the Constitution, which forms part of the Bill of Rights, provides that: [2] Everyone has the right to freedom of expression, which includes– (a) freedom of the press and other media; (b) freedom to receive or impart information or ideas; (c) freedom of artistic creativity; and (d) academic freedom and freedom of scientific ...
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.
Would empower the federal government to limit, regulate and prohibit child labor. Pending since June 2, 1924. Latest ratification took place on February 25, 1937. Equal Rights Amendment: Would ensure the equality of rights by the federal or state governments based on sex. Proposed March 22, 1972.
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Usually considered one of the most consequential amendments, it addresses citizenship rights and equal protection under the law and was proposed in response to issues related to formerly enslaved Americans following the American Civil War.