AfricaBib 
bibliographic database
| Previous page | New search |
The free AfricaBib App for Android is available here
 Periodical article |
 Leiden University catalogue |
 WorldCat |
| Title: | The last laugh: Du Plessis v De Klerk, classical liberalism, creole liberalism and the application of fundamental rights under the interim and the final Constitutions |
| Authors: | Woolman, Stuart Davis, Dennis |
| Year: | 1996 |
| Periodical: | South African Journal on Human Rights |
| Volume: | 12 |
| Issue: | 3 |
| Pages: | 361-404 |
| Language: | English |
| Geographic term: | South Africa |
| Subjects: | constitutional amendments human rights |
| External link: | https://doi.org/10.1080/02587203.1996.11834916 |
| Abstract: | This article deals with the application of fundamental rights under the interim (1993) and the final (1996) Constitution of South Africa. Part 1 sets out a sustained critique of Acting Justice Kentridge's leading judgment in Du Plessis v De Klerk (in which the defendants denied that certain articles published in the 'Pretoria News' were defamatory). Part 2 deals with the final constitution and the competing political philosophies behind the vertical and the horizontal approaches to the application of the Bill of Rights. In place of the conservative or the classical liberal model of politics which underlies the application doctrine enunciated by the majority in Du Plessis, this article offers a theory of politics which might be tentatively described as creole liberalism. Creole liberalism relies upon a notion of substantive autonomy (instead of the formal autonomy which animates classical liberalism) and envisages a State which bears the dual responsibility of ruling out ways of being which threaten core values such as tolerance, dignity and rough equality and of providing a framework within which competing notions of the good life can exist. Notes, ref. |
