Editor’s note: Today, 31 March 2021, Parliament’s Constitutional and Legal Services Office presented its legal opinion to Parliament about comments made by civil society during public hearings on the Constitution Eighteenth Amendment Bill, which will …
The justiciability of unenumerated constitutional rights is understandably controversial. Cases decided by the Supreme Court of the United States many decades ago such as Griswold v Connecticut and Roe v Wade remain contentious to this …
“The ‘Rule of Law’ has become somewhat of a buzz-phrase that politicians and activists in civil society use quite liberally. It has often been used to denote the opposite of its true meaning, thus we risk it being rendered meaningless as a whole. But such a concept does exist, in our law and, more importantly, philosophically,” writes Martin van Staden.
