oa Advocate - A Bill of Rights for a new South Africa?

Volume 5, Issue 1
  • ISSN : 1012-8743



An implicit premise, which I see no reason to doubt, of the current political discussion is that the adoption of a new constitution will be a necessary step in fashioning a non-racial democratic South Africa. Should such a constitution contain a Bill of Rights? If so, should the rights there enumerated include such ""second and third generation rights"" as rights to housing, a minimum income, or adequate medical care as well as such ""first generation rights"" as freedom of speech and freedom from racial or religious discrimination? Whatever the Bill of Rights might include, how should the courts who are expected to interpret and apply its terms be staffed and structured?

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