oa Constitutional Court Review - Wanted : a principled approach to the balancing of policy considerations. : case comments



My focus in this section will be on what I take to be the main point of disagreement between the two opinions: namely the approach to the balancing of public policy considerations. I will not, therefore, concern myself with the actual decision reached on the non-constitutional point of delictual wrongfulness. For purposes of this note I am satisfied that the Court could conceivably have gone either way.


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