Constitution: Chapter 6
Created @May 5, 2022 11:54 AM
Class
Type
Materials
Reviewed
Intro
Parliamentary sovereignty was substituted by Constitutionalism or “rule of law” in
1994
Generations of first-generation rights:
first-generation rights:
Freedom from unlawful interference from the state.
right to life, freedom of association, speech, → blue second-generation rights
second-generation rights
socio-economic rights
state to take positive action
right to housing, medical service, education and work
→ red rights
third-generation rights
Constitution: Chapter 6 1
, rights that pertain to groups
healthy living environment
development and self-determination
→ green rights
All rights are interrelated interdependent and indivisible
The state has a duty to
1. respect: refrain from interfering in an individual's enjoyment of rights
2. protect: ensure that individual's rights are not curtailed by a third party: the
allocation of resources to ensure a right is made effective
3. fulfil: the allocation of resources to ensure a right is made effective
Bill of Rights
Chapter 2 - List of human rights
Section 7
Affirms democratic values of human dignity, equality and freedom. The state must
respect, protect, promote and fulfil the right in the bill of rights. Subject to limitations
contained in S36.
Section Applieses all law and binds leg, executive, judiciary and organs of state
Applies all law and binds leg, executive, judiciary and organs of state
vertical application: state - public (the state has to perform a duty)
must apply/give effect/develop common law → S39 link
limitations → link to s36
may develop p common law
Constitution: Chapter 6 2
Created @May 5, 2022 11:54 AM
Class
Type
Materials
Reviewed
Intro
Parliamentary sovereignty was substituted by Constitutionalism or “rule of law” in
1994
Generations of first-generation rights:
first-generation rights:
Freedom from unlawful interference from the state.
right to life, freedom of association, speech, → blue second-generation rights
second-generation rights
socio-economic rights
state to take positive action
right to housing, medical service, education and work
→ red rights
third-generation rights
Constitution: Chapter 6 1
, rights that pertain to groups
healthy living environment
development and self-determination
→ green rights
All rights are interrelated interdependent and indivisible
The state has a duty to
1. respect: refrain from interfering in an individual's enjoyment of rights
2. protect: ensure that individual's rights are not curtailed by a third party: the
allocation of resources to ensure a right is made effective
3. fulfil: the allocation of resources to ensure a right is made effective
Bill of Rights
Chapter 2 - List of human rights
Section 7
Affirms democratic values of human dignity, equality and freedom. The state must
respect, protect, promote and fulfil the right in the bill of rights. Subject to limitations
contained in S36.
Section Applieses all law and binds leg, executive, judiciary and organs of state
Applies all law and binds leg, executive, judiciary and organs of state
vertical application: state - public (the state has to perform a duty)
must apply/give effect/develop common law → S39 link
limitations → link to s36
may develop p common law
Constitution: Chapter 6 2
