Chapter 2 of the Constitution of South Africa

Chapter 2 Of The Constitution Of South Africa

Chapter 2 of the Constitution of South Africa

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The Bill of Rights is a human rights charter enshrined in Chapter 2 of the Constitution of South Africa, which was enacted in 1996. The charter protects the civil, political and socio-economic rights of all people against the government of South Africa, including its executive, legislative and judicial branches (vertical application). Some provisions, such as those guaranteeing social equality, also provide rights against the actions of private persons (horizontal application).

Content

Rights

Section 7 defines the jurisdiction of the Bill, South Africa, stipulates that the rights are applicable to all peoples in that South Africa, not just citizens, and reiterates the responsibility of the State to respect and protect, but also promote and fulfil these rights. See negative and positive rights.

Section 7 reads "This Bill of Rights is a cornerstone of democracy in South Africa. It enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom. The state must respect, protect, promote and fulfil the rights in the Bill of Rights." However, "The rights in the Bill of Rights are subject to the limitations contained or referred to in section 36, or elsewhere in the Bill."

Application

Section 8 further defines the jurisdiction, stating "The Bill of Rights applies to all law, and binds the legislature, the executive, the judiciary and all organs of state. A provision of the Bill of Rights binds...
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