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

Volume 27, Issue 3
  • ISSN : 1011-8527
  • E-ISSN: 1996-2118



Section 1 of the Constitution of the Republic of South Africa, 1996 provides that the Republic is one sovereign democratic state founded on, amongst others, the principle of the 'rule of law'. This principle has been considered by the Constitutional Court on a number of occasions. In these cases the court has held that the principle of legality which forms a part of the rule of law imposes a number of obligations on the state.

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