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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:The South African common law and the Constitution: revisiting horizontality
Author:Friedman, Nick
Periodical:South African Journal on Human Rights (ISSN 0258-7203)
Geographic term:South Africa
Subjects:constitutional law
human rights
External links:https://doi.org/10.1080/19962126.2014.11865098
Abstract:Despite an initial flurry of interest in the direct horizontality of human rights, the doctrine's place in South African constitutional law is now accorded a diminishing importance in judgments and journals. The author argues that this is a result of a misunderstanding, by both courts and academics, of what horizontality is for and how it works. Since direct horizontality, properly understood, is central to the coherent development of South Africa's rights jurisprudence, the author reinvigorates debate about horizontality by offering a new and comprehensive account of its mechanics and purpose. The account turns on a distinction between 'horizontality' and 'direct horizontal application', the implications of which run counter to some of the most widely accepted views about the Constitution's influence on the private law. Notes, ref., sum. [Journal abstract]