Section 39 Of The Constitution Analysis

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Recommended: Human Dignity and the values at the core of democracy

Analyse Section 39 (1) of the Constitution of the Republic of South Africa, 1996
Section 39(1) of the Constitution of the Republic of South Africa, 1996 (hereafter referred to as the Constitution) serve as a metric for interpretation in relation to three other rudiments based international ideologies.
Section 39 (1)(a) states that when a court, tribunal or forum interprets the Bill of Rights as it is presented in the Constitution, it must promote the values that underlie an open and democratic society based on human dignity, equality and freedom. These three elements are the globally-acknowledged, conventional essentials that constitute the necessary requisites that should be given to every single human being; even more so in South Africa, being a young democratic country, aspiring to give to every person that which has not been granted to him or her in the past. Promotion in this context would then imply that when the Bill of Rights is used to set up, impose, and interpret laws, human rights and its endorsement should always be kept into consideration. Human dignity infringements ar...

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