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" The rights in the Bill of Rights may be limited only in terms of law of general application to the extent that the (limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom... "
Islam in World Cultures: Comparative Perspectives
由 編輯 - 2004 - 387 頁
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Administrative Justice in the 21st Century

Michael Harris, Martin Partington - 1999 - 620 頁
...Constitution of the Republic of South Africa provides that the rights may be limited "only in terms of law of general application to the extent that the limitation...society based on human dignity, equality and freedom." A number of factors, including proportionality, must be taken into account by the court when assessing...
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Parliamentary Supremacy and Judicial Independence: A Commonwealth Approach ...

John Hatchard, Peter Slinn - 1999 - 183 頁
...Limitation of rights 36(1) The rights in the Bill of Rights may be limited only in terms of law of general application to the extent that the limitation...society based on human dignity, equality and freedom, taking into account all relevant factors including: (a) the nature of the right; (b) the importance...
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Non-Discrimination Law: Comparative Perspectives

Titia Loenen, Paulo R. Rodrigues - 1999 - 470 頁
...limitation of a right entrenched in the Bill of Rights will only be justifiable if it is a limitation that is reasonable and justifiable in an open and democratic...society based on human dignity, equality and freedom. The emphasis on equality in our Constitution represents, for us, a clear rejection of the past in which...
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The Right to Property in Commonwealth Constitutions

Tom Allen - 2000 - 302 頁
...Committee Meeting, 7 May 36. (1) The rights in the Bill of Rights may be limited only in terms of law of general application to the extent that the limitation...society based on human dignity, equality and freedom, taking into account all relevant factors, including (a) the nature of the right; (b) the importance...
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Critical Issues in South African Education After 1994

Thobeka Vuyelwa Mda, Matoane Steward Mothata - 2000 - 244 頁
...Limitation of rights 36. (1) The rights in the Bill of Rights may be limited only in terms of law of general application to the extent that the limitation...society based on human dignity, equality and freedom, taking into account all relevant factors, including (a) the nature of the right; (b) the importance...
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Constitutional Comparison: Japan, Germany, Canada and South Africa As ...

F. Venter - 2000 - 316 頁
...Limitation of rights 36. (1) The rights in the Bill of Rights may be limited only in terms of law of general application to the extent that the limitation...society based on human dignity, equality and freedom, taking into account all relevant factors, including — (a) the nature of the right; (b) the importance...
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Democracy and Governance Review: Mandela's Legacy 1994-1999

Yvonne G. Muthien, Meshack M. Khosa, Bernard Magubane - 2000 - 416 頁
...rights for South Africans of all ages, classes and colours". 13 Under s 36, rights can be limited only to the extent that the limitation is reasonable and...society based on human dignity, equality and freedom. 1 See Sachs J in Ex parte Gauteng Provincial Legislature: In re Dispute Concerning the Constitutionality...
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Handbook of Global Legal Policy

Stuart Nagel - 2000 - 562 頁
...interpreting the Bill of Rights, a court, tribunal or forum—(a) must promote the values that underlie an open and democratic society based on human dignity, equality and freedom; (b) must consider international law; and (c) may consider foreign law." The text clearly encourages...
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The Future of UN Human Rights Treaty Monitoring

Philip Alston, James Crawford - 2000 - 604 頁
...interpreting the Bill of Rights, a court, tribunal or forum (a) must promote the values that underlie an open and democratic society based on human dignity, equality and freedom; (b) must consider international law; and (c) may consider foreign law. This provision, together with...
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Autonomy in Education

Walter Berka, Jan De Groof, Hilde Penneman, European Association for Education Law and Policy - 2000 - 684 頁
...29. 7 S. 39(1 ) provides that when the courts interpret the Bill of Rights, the values that underlie an open and democratic society based on human dignity, equality and freedom must be promoted. The courts must consider international law in the intepretation of the Bill of Rights...
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