oa De Rebus - Aliens and the Bill of Rights



Until recently, effective protection of human rights through the courts was virtually impossible in South Africa. The reason was that, under the guise of parliamentary sovereignty, there was no constitutional machinery to check dictatorial legislation passed by Parliament, which itself was seemingly above the law. Suddenly, from the ashes of apartheid emerged the floodlight of a democratic order with all the attractive ingredients that clothe human beings with dignity. One can therefore understand the euphoria that welcomed the final Constitution which, among other unique features, made ample provision for human rights - to wit, the Bill of Rights.


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