n South African Journal on Human Rights - Private law after 1994 : progressive development or Schizoid confusion? : notes and comments

Volume 24, Issue 2
  • ISSN : 0258-7203



The Constitution sets out to answer that question in the negative. It conferred significant powers and responsibilities upon courts to interrogate and, if necessary, alter both common and customary law in order to promote the foundational values contained in the Bill of Rights. That power or obligation to develop the common law is to be found in ss 8 and 39(2) of the Constitution, clauses which can be termed the development clauses of the Constitution.

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