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Limitations of rights


Balancing competing interests

Common good

Environmental considerations

International obligations precedence over national legislation

Law of general application justified in a democratic society

Limitations must neither be inconsistent with nor in contravention of Constitution

Margin of appreciation

Must be consistent with international law

Must be done through laws of general application

Must be proportionate/necessary/acceptable in democratic society — not render a right illusory

Must comply with article 27(2)

Must not undermine the constitution and international standards

Narrow interpretation

Not to be used to subvert rights already enjoyed, cannot be justified solely on basis of popular will

Onus on state to prove that limitations are justified

Onus on alleging party to prove limitations to prove limitations are justified

Power to impose limitations on rights

Previously laid down by law

Previously laid down by law — must be consistent with obligations under the Charter


Proportionate and acceptable in a democratic society

Proportionate and pursue legitimate aim

Public interest

Public order

Reasonably justifiable in a democratic society

Should be avoided

State security

Strict interpretation of limitations

Welfare of the people, balancing of rights

‘Within the law’ must be consistent with obligations under the Charter

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