Limitation of Rights

Question 1

Are the Bill of Rights Absolute?

Answer 1

No

Question 2

What clause allows for rights to be limited, and under which section in the Constitution is the clause found?

Answer 2

• The Limitation Clause

- In section 36 of the Constitution

Question 3

What does Section 36 state?

Answer 3

All rights maybe limited: In terms of a law in general application to the extent that is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom, taking into account all relevant factors being:

Nature of the right
Importance and purpose of limitation
Nature and extent of limitation
Relation between the limitation and its purpose
Less restrictive means to achieve that purpose.

Question 4

Explain the three step inquiry to determine if whether any limitation to a right is justifiable.

Answer 4

1) Has a right been infringed? Meaning is there some limitation or interference to the practice of your right.
2) If the answer to the 1st question is that there has been some limitation, then you ask whether this limitation is by a law of general application.
3) Is this limitation a justifiable limitation considering the society we want to live in i.e. one based on human dignity, equality and freedom.