Constitutional rights and their limitations: A critical appraisal of the COVID-19 lockdown in South Africa
نویسندگان
چکیده
The purpose of the rule law, entrenched as supreme in section 1(c) South African Constitution, is to guard against tyranny. If law conceptualised a meta-legal doctrine that meant permeate all promotion certainty, predictability and accessibility, interests safeguarding constitutional rights, this makes sense. Yet, COVID-19 pandemic has seen reach state power expand at expense these rights. Africa's lockdown, within least its first five months carrying endorsement courts, made mockery so conceived. This article considers constitutionality lockdown backdrop rights limitation regime broader theoretical framework constitutionalism law. analysis conducted context some early challenges brought four High Court cases. concludes government, with partial strayed beyond bounds Constitution engaged unjustified violations
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ژورنال
عنوان ژورنال: African Human Rights Law Journal
سال: 2021
ISSN: ['1609-073X', '1996-2096']
DOI: https://doi.org/10.17159/1996-2096/2020/v20n2a6