n South African Journal of Criminal Justice - Constitutional aspects : recent cases
|Article Title||Constitutional aspects : recent cases|
|© Publisher:||Juta Law Publishing|
|Journal||South African Journal of Criminal Justice|
|Affiliations||1 University of KwaZulu-Natal|
|Publication Date||Jan 2013|
|Pages||235 - 253|
When it comes to the application of the Bill of Rights, it is important to distinguish between the direct and indirect application of the Bill of Rights as well as the vertical and horizontal application of the Bill of Rights. When the Bill of Rights applies directly, the purpose is to determine whether the ordinary rules of law (i.e. legislation, common law and customary law) are consistent with the Bill of Rights. If they are not, the Bill of Rights overrides the ordinary rules of law and generates its own set of special remedies, for example actual severance, notional severance and reading-in.
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