oa Comparative and International Law Journal of Southern Africa - Understanding overbreadth



What is 'overbreadth'? This term has been imported into South African law from two different countries, Canada and the United States, which use the term in very different ways. Thus far, the South African usage of overbreadth has displayed elements of both. As a result, a confused, and perhaps contradictory, jurisprudence is developing. In the interest of clarity, this article will untangle the two North American strands of overbreadth, in an attempt to answer three important questions: What is the proper meaning of overbreadth in South Africa? What purpose should it serve? And how should it be applied?


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