Limitation of rights

Question 1

When can a right be limited?

Answer 1

the Bill of Rights may be limited only in terms of law of general application to the extent that the limitation is reasonable and justifiable in an open
and democratic society based on human dignity, equality and freedom,

Question 2

What factors must be taken into account when applying a limitation on a right

Answer 2

(a)the nature of the right;
(b) the importance of the purpose of the limitation;
(c) the nature and extent of the limitation
(d) the relation between the limitation and its purpose
(e) less restrictive means to achieve the purpose.

Question 3

Point

Answer 3

Except as provided in subsection (1) or in any other provision of the Constitution, no
law may limit any right entrenched in the Bill of Rights.

Question 4

When can a limitation of a right be considered lawful..

Answer 4

-The limitation applies to everyone and not just one person
-The limitation is reasonable and justifiable in an open and democratic society
-The limitation is based on human dignity, equality and freedom