Law > CASE STUDY > FUR2601 – Fundamental Rights – Notes Chapters 1-4, 6-10 and 26. Human rights: (All)

FUR2601 – Fundamental Rights – Notes Chapters 1-4, 6-10 and 26. Human rights:

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Human rights: - aka fundamental or constitutional rights. - According to fundamental rights, people have certain inalienable rights which may not be encroached upon by the state except where allowed by law. - ...

Human rights: - aka fundamental or constitutional rights. - According to fundamental rights, people have certain inalienable rights which may not be encroached upon by the state except where allowed by law. - Not deserved or worked for. Simply accrues to humans. - Authority to encroach is subject to limitation. - International concern. Study Unit 1: Intro to Constitution and Bill of Rights - Interim constitution provided a Bill of Rights - Parliamentary sovereignty replaced with constitutional supremacy. - Process of drafting and adopting the final Constitution was governed by the 34 Constitutional Principles in Schedule 4. - Brief history: o Constitutional Revolution: § First constitution in 1994; § Final constitution in 1996; § Meant rights were applied across board without racial qualification; § Parliamentary sovereignty was replaced with constitutional supremacy; § Bills of rights put in place to safeguard rights; § Courts given power to invalid any law inconsistent with BoR or Constitution. § Central government was replaced with legislative, executive and judiciary government. o Negotiations process and interim constitution: § FW De Klerk released Mandela in 1990, and released sanctions on political party movements for free political movement. § Negotiations formally began with convening of the Conference for a Democratic South Africa (CODESA) and ended tow years later with an interim Constitution. § CODESA negotiations failed but were continued through the ANC and resumed through the Multi-party Negotiation Process (MPNP). § The government elected in the 1994 elections acted under the interim constitution adopted. § Interim constitution guaranteed a united SA from the territorial fragmentation characteristic of Apartheid. It also declared itself supreme law of the Republic. § Constitutional change is only possible through special procedures and by a special majority of legislators – the basic constitutional frame is not subject to lawful

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