| Christof Heyns - 1998 - 344 pages
...applies to all law, and binds the legislature, the executive, the judiciary and all organs of state. A provision of the Bill of Rights binds a natural...right and the nature of any duty imposed by the right. When applying a provision of the Bill of Rights to a natural or juristic person in terms of subsection... | |
| Hennie P. P. Lötter - 1997 - 258 pages
...applies to all law, and binds the legislature, the executive, the judiciary and all organs of state. (2) A provision of the Bill of Rights binds a natural...right and the nature of any duty imposed by the right. (3) When applying a provision of the Bill of Rights to a natural or juristic person in terms of subsection... | |
| Andrew Bainham - 1998 - 542 pages
...However, section 8(2) declares that a provision of the Bill of Rights binds natural or juristic persons "if, and to the extent that, it is applicable, taking...and the nature of any duty imposed by the right". This text means that some rights (such as the right to dignity, privacy, equality before the law and... | |
| Jan De Groof, Hilde Penneman - 1998 - 494 pages
...of the Bill of Rights binds natural and juristic persons (in other words, not merely state organs) if and to the extent that it is applicable, taking into account the nature of the right and any duty imposed by the 22 See S 104(l)(b)(i) read with Schedule 4; Rautenbach and Malherbe pp.424-247... | |
| Titia Loenen, Paulo R. Rodrigues - 1999 - 470 pages
...to see the Bill of Rights have a wider application. Section 8(2) of the 1996 Constitution provides that: 'A provision of the Bill of Rights binds a natural...and the nature of any duty imposed by the right.' This provision has not yet been the subject of litigation before the Constitutional Court. Its interpretation... | |
| Michael Harris, Martin Partington - 1999 - 620 pages
...Constitution provides that a provision of the Bill of Rights binds a natural or a juristic person, if it is applicable, taking into account the nature of...right and the nature of any duty imposed by the right. It may be that in the case of privatisation the courts will find, like Friedman JP, that the activities... | |
| Thobeka Vuyelwa Mda, Matoane Steward Mothata - 2000 - 244 pages
...applies to all law, and hinds the legislature, the executive, the judiciary and all organs of state. (2) A provision of the Bill of Rights binds a natural...right and the nature of any duty imposed by the right. (3) When applying a provision of the Bill of Rights to a natural or juristic person in terms of subsection... | |
| F. Venter - 2000 - 316 pages
...of the First Certification Judgment. 146 The meaning and effect of s 8(2) of the 1996 Constitution ('A provision of the Bill of Rights binds a natural...and the nature of any duty imposed by the right') should also come into play regarding alternative dispute resolution in which the state is not involved... | |
| William E. Van Vugt, G. Daan Cloete - 2000 - 244 pages
...472 (Ck.). 7. John Rawls. A Theory of Justice (Cambridge: Harvard University Press, 1971), 236. 8. "Taking into account the nature of the right and the nature of any duty imposed by the right" (section 8[2]). 9. Or Kuyperian Calvinism's sphere sovereignty: see also Abraham Kuyper. Met Calvinisme:... | |
| Jeremy Sarkin-Hughes, Yves Haeck, Johan vande Lanotte - 2001 - 368 pages
...individual rights of others is a constitutional obligation. According to section 8(2) of the Constitution, "a provision of the bill of rights binds a natural...and the nature of any duty imposed by the right". In a society where murder is rife, domestic violence common, rape, robbery and theft prevalent, constitutional... | |
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