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The South African Bill of Rights

Posted on:1999-03-25Degree:L.L.MType:Thesis
University:York University (Canada)Candidate:Thornington, Emma EFull Text:PDF
GTID:2466390014471595Subject:Law
Abstract/Summary:
In 1996, the Constitutional Court of South Africa certified a new South African Constitution to take the place of the Interim Constitution which had been in place for three years. This New South African Constitution is widely regarded as the most extensive constitution in modern history, with a full bill of rights entrenched in chapter two.;The contents of this Bill of Rights reflect the compromises made during the negotiated settlement that brought the end to apartheid. During much of the twentieth century, different groups produced draft bills of rights illustrating their positions on the future of South Africa. The contents of these documents can be seen to have influenced the negotiating parties in the production of the Final Bill of Rights.;The rights protected in the Bill of Rights include some unusual additions, for example social and economic rights, property rights and environmental rights. The protection of these rights brings unique problems and strengths for the protection of rights and the social transformation of South Africa, with its vast inequalities.;Two years after the introduction of the new Constitution, South Africa has made some progress in the adjudication of protected rights. Most significantly, the South African Constitutional Court has given some indication of how it intends to approach the interpretation of rights. South Africa still has a long way to go in the realization of the goals of social justice and equality, but the evidence so far is that with a healthy understanding of the limitations of rights in achieving social change, the future will bring a more equitable society and a thriving democracy.
Keywords/Search Tags:Rights, South africa, Bill, Constitution, Social
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