This study focuses on the role of the South African judiciary under
an entrenched and justiciable Bill of Rights.
The lack of an established human rights culture in South Africa results
in uncertainty regarding the permissible extent to which judges are
empowered, under the Bill of Rights, to employ judicial activism and
creativity in order to protect the fundamental rights of citizens.
Judicial activism is used in the sense that judges can and should,
whenever expressly or impliedly sanctioned to do so by the Bill of
Rights, ensure that the fundamental rights of the individual are
protected to the extent of granting actual constitutional relief, where
this is justified, instead of merely declaring the existence of a right.
The essential aim of this study is to outline the parameters of, and
the legal basis upon which judicial activism can be justified and
accepted into a South African human rights culture. / Jurisprudence / LL. M.
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:unisa/oai:umkn-dsp01.int.unisa.ac.za:10500/17712 |
| Date | 11 1900 |
| Creators | Selzer, Henry |
| Contributors | Botha, C. J. (Christo J.) |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Type | Dissertation |
| Format | 1 online resource (39 leaves) |
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