The author explores the traditional approaches to interpretation in a constitutional democracy, with specific
emphasis on Bill of Rights interpretation. The approaches adopted by the court in India and Canada, are
briefly outlined with a view to gleaning from the experience of these countries, a theory which will inform
a proper approach to interpretation in a South African context. He concludes that the value-based approach
is most appropriate to concretise the rights entrenched in the Bill of Rights, and specifically the so-called
second and third generation rights. Addressing the fear that this may lead to an undisciplined judiciary, he
concludes that there are sufficient disciplinning mechanisms to ensure that the courts do not encroach upon
the other branches of government. / Constitutional, International & Indigenous Law / LL.M.
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:unisa/oai:umkn-dsp01.int.unisa.ac.za:10500/17625 |
| Date | 11 1900 |
| Creators | Robson, Irwin Robert |
| Contributors | Botha, C. |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Type | Dissertation |
| Format | 1 online resource (2, 34 leaves) |
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