n South African Journal on Human Rights - The South African common law and the Constitution : revisiting horizontality
|Article Title||The South African common law and the Constitution : revisiting horizontality|
|© Publisher:||Juta Law Publishing|
|Journal||South African Journal on Human Rights|
|Affiliations||1 University of Oxford, UK|
|Publication Date||Jan 2014|
|Pages||63 - 88|
|Keyword(s)||Constitution of the Republic of South Africa, 1996, Constitutional interpretation, Fundamental rights and Horizontality|
ISI Social Science
Despite an initial flurry of interest in the direct horizontality of human rights, the doctrine's place in South African constitutional law is now accorded a diminishing importance in judgments and journals. I argue that this is a result of a misunderstanding, by both courts and academics, of what horizontality is for and how it works. Since direct horizontality, properly understood, is central to the coherent development of South Africa's rights jurisprudence, I aim to reinvigorate debate about horizontality by offering a new and comprehensive account of its mechanics and purpose. The account turns on a distinction between 'horizontality' and 'direct horizontal application', the implications of which run counter to some of the most widely accepted views about the Constitution's influence on the private law.
Article metrics loading...