n South African Journal of Criminal Justice - Constitutional aspects : recent cases

Volume 26, Issue 2
  • ISSN : 1011-8527
  • E-ISSN: 1996-2118



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.

Loading full text...

Full text loading...


Article metrics loading...


This is a required field
Please enter a valid email address
Approval was a Success
Invalid data
An Error Occurred
Approval was partially successful, following selected items could not be processed due to error