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The constitutional development of fundamental rights and the horizontal application of the Bill of Rights under the South African constitution of 1996
Human rights undoubtedly playing an important role in the modem world and they are now recognised in most parts of the world. Many states incorporated these rights into their constitution under the heading of 'Bill of Rights'. Several different definitions, of the term 'human rights' exist but none...
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| Format: | Thesis |
| Language: | English |
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Centre for Law and Society
2024
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| _version_ | 1867613312241369088 |
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| access_status_str | Open Access |
| author | von Samson-Himmelstjerna, Armin |
| author2 | Meyerson, D |
| author_browse | Meyerson, D von Samson-Himmelstjerna, Armin |
| author_facet | Meyerson, D von Samson-Himmelstjerna, Armin |
| author_sort | von Samson-Himmelstjerna, Armin |
| collection | Thesis |
| description | Human rights undoubtedly playing an important role in the modem world and they are now recognised in most parts of the world. Many states incorporated these rights into their constitution under the heading of 'Bill of Rights'. Several different definitions, of the term 'human rights' exist but none of them is generally accepted. Intuitively, the word 'human' suggests that this right applies to every human being. The question of whether the term 'human' also covers the unborn child or a dead person, too, is also a controversial question and is not fully discussed. Presently it can be said, that the term 'human' at least covers every human being from birth until dead. The issue of what kind of rights human rights are is also a very controversial one. However, for the purpose of this discussion, human rights shall be understood as the basis of all rights which people have and ... human rights are those liberties, immunities and benefits which, by accepted contemporary values, all human beings should be able to 'as of right' of the society in which they live. This thesis will deal with the development of the application of human rights in states' constitutional systems. As with historical development it will deal with human rights as rights of the individual against the state. Then the application of the Bill of Rights in the private sector will be closely examined in regard to the South African Interim- and Final Constitution. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/40693 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:34:08.683Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2024 |
| publishDateRange | 2024 |
| publishDateSort | 2024 |
| publisher | Centre for Law and Society |
| publisherStr | Centre for Law and Society |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/40693 The constitutional development of fundamental rights and the horizontal application of the Bill of Rights under the South African constitution of 1996 von Samson-Himmelstjerna, Armin Meyerson, D Law Human rights undoubtedly playing an important role in the modem world and they are now recognised in most parts of the world. Many states incorporated these rights into their constitution under the heading of 'Bill of Rights'. Several different definitions, of the term 'human rights' exist but none of them is generally accepted. Intuitively, the word 'human' suggests that this right applies to every human being. The question of whether the term 'human' also covers the unborn child or a dead person, too, is also a controversial question and is not fully discussed. Presently it can be said, that the term 'human' at least covers every human being from birth until dead. The issue of what kind of rights human rights are is also a very controversial one. However, for the purpose of this discussion, human rights shall be understood as the basis of all rights which people have and ... human rights are those liberties, immunities and benefits which, by accepted contemporary values, all human beings should be able to 'as of right' of the society in which they live. This thesis will deal with the development of the application of human rights in states' constitutional systems. As with historical development it will deal with human rights as rights of the individual against the state. Then the application of the Bill of Rights in the private sector will be closely examined in regard to the South African Interim- and Final Constitution. 2024-11-08T09:57:19Z 2024-11-08T09:57:19Z 1998 2024-07-11T08:20:08Z Thesis / Dissertation Masters LLM http://hdl.handle.net/11427/40693 eng application/pdf Centre for Law and Society Faculty of Law |
| spellingShingle | Law von Samson-Himmelstjerna, Armin The constitutional development of fundamental rights and the horizontal application of the Bill of Rights under the South African constitution of 1996 |
| thesis_degree_str | Master's |
| title | The constitutional development of fundamental rights and the horizontal application of the Bill of Rights under the South African constitution of 1996 |
| title_full | The constitutional development of fundamental rights and the horizontal application of the Bill of Rights under the South African constitution of 1996 |
| title_fullStr | The constitutional development of fundamental rights and the horizontal application of the Bill of Rights under the South African constitution of 1996 |
| title_full_unstemmed | The constitutional development of fundamental rights and the horizontal application of the Bill of Rights under the South African constitution of 1996 |
| title_short | The constitutional development of fundamental rights and the horizontal application of the Bill of Rights under the South African constitution of 1996 |
| title_sort | constitutional development of fundamental rights and the horizontal application of the bill of rights under the south african constitution of 1996 |
| topic | Law |
| url | http://hdl.handle.net/11427/40693 |
| work_keys_str_mv | AT vonsamsonhimmelstjernaarmin theconstitutionaldevelopmentoffundamentalrightsandthehorizontalapplicationofthebillofrightsunderthesouthafricanconstitutionof1996 AT vonsamsonhimmelstjernaarmin constitutionaldevelopmentoffundamentalrightsandthehorizontalapplicationofthebillofrightsunderthesouthafricanconstitutionof1996 |