 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 頁本書不提供預覽 - 關於此書
 | Malcolm D. Evans, Rachel H. Murray - 2002 - 432 頁
...law since there is no test that such limitations be prescribed by a law of general application and be reasonable and justifiable in an open and democratic...society based on human dignity, equality and freedom (as, for example, is required by the South African Constitution). However, the African Commission has... | |
 | Hanri Mostert - 2002 - 676 頁
...specific interference is brought into play, and section 21 of the Insolvency Act must be found to be reasonable and justifiable in an open and democratic society, based on human dignity, freedom and equality, with adherence to the factors listed in section 36(1)(a) to (e) FC, the balancing... | |
 | Adalid Contreras Baspineiro, Berma Klein Goldewijk, Paulo César Carbonari - 2002 - 351 頁
...decided on 4 October 2000. 7 Section 39 states that courts must: "Promote the values that underlie an open and democratic society based on human dignity, equality and freedom [and] must consider international law". South Africa became a signatory on 3 October 1994, but has... | |
 | J. M. Smits - 2002 - 322 頁
...acknowledges the 'injustices of our past' and in art. 36(1) the new South Africa is characterised as 'an open and democratic society based on human dignity, equality and freedom' ) . Art. 6(1) recognises eleven official languages including English and Afrikaans. Art. 240 provides... | |
 | Nihal Jayawickrama - 2002 - 1104 頁
...were included as key factors that have to be considered in an overall assessment as to whether or not the limitation is reasonable and justifiable in an open and democratic society. In essence, the court must engage in a balancing exercise and arrive at a global judgment on proportionality... | |
 | J. de Groof, Gracienne Lauwers - 2003 - 230 頁
...permissible. Section 36 reads (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 (1) the nature of the right; (2) the importance... | |
 | Ulrike Kistner - 2003 - 220 頁
...section 36. It provides "that the rights in the BUI of Rights may be limited, but only by a law of general application to the extent that the limitation...society based on human dignity, equality and freedom" (Johannessen l997: l39). This structure of an internal limitation, coupled with a general limitation,... | |
 | Erik Doxtader, Charles Villa-Vicencio - 2003 - 356 頁
...Subsection 36( I) provides: 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... | |
 | Commonwealth Secretariat - 2003 - 48 頁
...Limitation Provisions Constitutions should also provide that any limitations on these rights should be reasonable and justifiable in an open and democratic...society based on human dignity, equality and freedom. We have already identified some of the circumstances in which limitations and the rights of freedom... | |
 | Hildegard Warnink - 2003 - 154 頁
...Afdeling 36 van die Grondwet vir sodanige beperkings gestel word nie nie. "In short, the limitation is not reasonable and justifiable in an open and democratic...society based on human dignity, equality and freedom and therefor does not comply with the requirements of section 36 of the Constitution for the lawful... | |
| |
