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The constitutional court's use of human dignity in the interpretation of the South African bill of rights: selected cases
The Constitutional Court often relies on human dignity in the interpretation of Bill of Rights. 1 Human dignity is a constitutional value enshrined in section 1, section 10, section 36 and section 39 of the Constitution. It is a founding value of the constitution of South Africa. 2 As a foundational...
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| Format: | Thesis |
| Language: | English English |
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Centre for Law and Society
2026
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| _version_ | 1867613528407408640 |
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| access_status_str | Open Access |
| author | Mandivavarira, Mudarikwa |
| author2 | Tshivase, Aifheli Enos |
| author_browse | Mandivavarira, Mudarikwa Tshivase, Aifheli Enos |
| author_facet | Tshivase, Aifheli Enos Mandivavarira, Mudarikwa |
| author_sort | Mandivavarira, Mudarikwa |
| collection | Thesis |
| description | The Constitutional Court often relies on human dignity in the interpretation of Bill of Rights. 1 Human dignity is a constitutional value enshrined in section 1, section 10, section 36 and section 39 of the Constitution. It is a founding value of the constitution of South Africa. 2 As a foundational value '(i]t reinforces rights claims, gives direction to or informs the extent and scope of other rights and it is emphasised to determine whether violations of such rights have occurred.'3 Human dignity is an inherent attribute of human beings, a characteristic of life which protects people from actions that fail to recognize that everyone is equal in dignity and worth.4 It is not very clear what the role of human dignity is in the interpretation of the Bill of Rights by the Constitutional Court. It has been linked to equality, 5 transformation of society, 6 right to life, 7 cruel and inhumane punishment, 8 and freedoms. 9 The link to any of these concepts has not been clearly explained by the Court. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/42975 |
| institution | University of Cape Town (South Africa) |
| language | English eng |
| last_indexed | 2026-06-10T12:37:35.015Z |
| 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:11427/42975 The constitutional court's use of human dignity in the interpretation of the South African bill of rights: selected cases Mandivavarira, Mudarikwa Tshivase, Aifheli Enos Bill of rights Human dignity The Constitutional Court often relies on human dignity in the interpretation of Bill of Rights. 1 Human dignity is a constitutional value enshrined in section 1, section 10, section 36 and section 39 of the Constitution. It is a founding value of the constitution of South Africa. 2 As a foundational value '(i]t reinforces rights claims, gives direction to or informs the extent and scope of other rights and it is emphasised to determine whether violations of such rights have occurred.'3 Human dignity is an inherent attribute of human beings, a characteristic of life which protects people from actions that fail to recognize that everyone is equal in dignity and worth.4 It is not very clear what the role of human dignity is in the interpretation of the Bill of Rights by the Constitutional Court. It has been linked to equality, 5 transformation of society, 6 right to life, 7 cruel and inhumane punishment, 8 and freedoms. 9 The link to any of these concepts has not been clearly explained by the Court. 2026-03-16T06:43:56Z 2026-03-16T06:43:56Z 2009 2026-03-16T06:40:38Z Thesis / Dissertation Masters LLM http://hdl.handle.net/11427/42975 en eng application/pdf Centre for Law and Society Faculty of Law University of Cape Town |
| spellingShingle | Bill of rights Human dignity Mandivavarira, Mudarikwa The constitutional court's use of human dignity in the interpretation of the South African bill of rights: selected cases |
| thesis_degree_str | Master's |
| title | The constitutional court's use of human dignity in the interpretation of the South African bill of rights: selected cases |
| title_full | The constitutional court's use of human dignity in the interpretation of the South African bill of rights: selected cases |
| title_fullStr | The constitutional court's use of human dignity in the interpretation of the South African bill of rights: selected cases |
| title_full_unstemmed | The constitutional court's use of human dignity in the interpretation of the South African bill of rights: selected cases |
| title_short | The constitutional court's use of human dignity in the interpretation of the South African bill of rights: selected cases |
| title_sort | constitutional court s use of human dignity in the interpretation of the south african bill of rights selected cases |
| topic | Bill of rights Human dignity |
| url | http://hdl.handle.net/11427/42975 |
| work_keys_str_mv | AT mandivavariramudarikwa theconstitutionalcourtsuseofhumandignityintheinterpretationofthesouthafricanbillofrightsselectedcases AT mandivavariramudarikwa constitutionalcourtsuseofhumandignityintheinterpretationofthesouthafricanbillofrightsselectedcases |