The dissertation consists of an analysis of the Constitutional Court decision S v Mhlungu 1995(7)
BCLR 793 CC. The analysis focuses on the significance of the different interpretative approaches
adopted by the members of the Court in analysing section 241(8) of the Constitution of the
Republic of South Afii.ca Act 200 of 1993. The theoretical approaches to constitutional
interpretation are first briefly discussed. This is followed by a description of the four respective
judgments in the decision. The case is then analysed in respect of section 3 5, Chapter 3 and the
Constitution itself in order to determine the significance. The jurisprudence of the Court
(developed in its first eight decisions) is evaluated to assess the approach of the Constitutional
Court to Chapter 3 and the remainder of the Constitution respectively. The conclusion is reached
that the Court has endorsed a generous/purposive approach to constitutional interpretation and
that this extends to the entire text of the Constitution. / Law / LL.M.
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:unisa/oai:umkn-dsp01.int.unisa.ac.za:10500/17411 |
| Date | 06 1900 |
| Creators | Boardman, Richard Neville Crause |
| Contributors | Van Wyk, D. H. |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Type | Dissertation |
| Format | 1 online resource (29, 2 leaves) |
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