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Fundamental rights in the private sphere: a study of South African constitutional law with comparative analysis of German, US-American and Canadian law
The Constitution of the Republic of South Africa of 1996 (Final Constitution, FC)1 deals with the relationship between the Bill of Rights and non-constitutional law in two particular sections. Section 8 FC provides in subsection 2 the general notion that (a) provision of the Bill of Rights binds a n...
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| Format: | Thesis |
| Language: | English English |
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Centre for Law and Society
2026
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| _version_ | 1867613337734348800 |
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| access_status_str | Open Access |
| author | Seedorf, Sebastian |
| author2 | Fagan, Anton |
| author_browse | Fagan, Anton Seedorf, Sebastian |
| author_facet | Fagan, Anton Seedorf, Sebastian |
| author_sort | Seedorf, Sebastian |
| collection | Thesis |
| description | The Constitution of the Republic of South Africa of 1996 (Final Constitution, FC)1 deals with the relationship between the Bill of Rights and non-constitutional law in two particular sections. Section 8 FC provides in subsection 2 the general notion that (a) provision of the Bill of Rights binds a natural or a juristic person if, and to the extent that, it is applicable, taking into account the nature of the right and the nature of any duty imposed by the right.", while section 39 (2) FC, the interpretation clause requires that (w)hen: interpreting any legislation, and when developing the common law or customary law, every court, tribunal or forum must promote the spirit, purport and objects of the Bill of Rights. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/42934 |
| institution | University of Cape Town (South Africa) |
| language | English eng |
| last_indexed | 2026-06-10T12:34:32.198Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2026 |
| publishDateRange | 2026 |
| publishDateSort | 2026 |
| 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:11427/42934 Fundamental rights in the private sphere: a study of South African constitutional law with comparative analysis of German, US-American and Canadian law Seedorf, Sebastian Fagan, Anton Private sphere constitutional law Canadian law US-American law The Constitution of the Republic of South Africa of 1996 (Final Constitution, FC)1 deals with the relationship between the Bill of Rights and non-constitutional law in two particular sections. Section 8 FC provides in subsection 2 the general notion that (a) provision of the Bill of Rights binds a natural or a juristic person if, and to the extent that, it is applicable, taking into account the nature of the right and the nature of any duty imposed by the right.", while section 39 (2) FC, the interpretation clause requires that (w)hen: interpreting any legislation, and when developing the common law or customary law, every court, tribunal or forum must promote the spirit, purport and objects of the Bill of Rights. 2026-03-04T09:09:52Z 2026-03-04T09:09:52Z 1999 2026-03-04T09:04:49Z Thesis / Dissertation Masters LLM http://hdl.handle.net/11427/42934 en eng application/pdf Centre for Law and Society Faculty of Law University of Cape Town |
| spellingShingle | Private sphere constitutional law Canadian law US-American law Seedorf, Sebastian Fundamental rights in the private sphere: a study of South African constitutional law with comparative analysis of German, US-American and Canadian law |
| thesis_degree_str | Master's |
| title | Fundamental rights in the private sphere: a study of South African constitutional law with comparative analysis of German, US-American and Canadian law |
| title_full | Fundamental rights in the private sphere: a study of South African constitutional law with comparative analysis of German, US-American and Canadian law |
| title_fullStr | Fundamental rights in the private sphere: a study of South African constitutional law with comparative analysis of German, US-American and Canadian law |
| title_full_unstemmed | Fundamental rights in the private sphere: a study of South African constitutional law with comparative analysis of German, US-American and Canadian law |
| title_short | Fundamental rights in the private sphere: a study of South African constitutional law with comparative analysis of German, US-American and Canadian law |
| title_sort | fundamental rights in the private sphere a study of south african constitutional law with comparative analysis of german us american and canadian law |
| topic | Private sphere constitutional law Canadian law US-American law |
| url | http://hdl.handle.net/11427/42934 |
| work_keys_str_mv | AT seedorfsebastian fundamentalrightsintheprivatesphereastudyofsouthafricanconstitutionallawwithcomparativeanalysisofgermanusamericanandcanadianlaw |