The limitation of fundamental rights

Abstract

South Africa's new Constitution has been hailed as one of the most democratic and sophisticated in history, surpassing even the Constitutions of many first world countries. Of paramount importance in the Constitution is the limitation clause. In this dissertation, an endeavour shall be made to shed light on the provision for the limitation of rights in section 36( 1) of the 1996 Constitution. 1 Allusion will be made to section 33 of the 1993 Constitution2 so that the rationale, relevance, content and context of section 3 6(1) can be more meaningfully appreciated.