Constitutional Law
Constitutional Right
A right guaranteed by the Constitution that the government cannot lawfully take away without justification meeting strict legal standards.
Legal Definition
A right enshrined in the Constitution, particularly Chapter 2 (Bill of Rights). Rights can be limited only by a law of general application that is reasonable and justifiable in an open and democratic society (s36).
📖 Constitutional / Statutory Basis: Section 7 and Section 36 — Limitation Clause, Constitution of the Republic of South Africa, 1996
Practical Example
Your right to remain silent during a police interrogation (s35(1)(b)) is a constitutional right — police cannot lawfully punish you for exercising it.
Frequently Asked Questions
Are constitutional rights absolute?
No. Section 36 (the Limitation Clause) allows rights to be limited by law, but only to the extent that is reasonable and justifiable in a democratic society.
Who has constitutional rights in South Africa?
Most rights apply to "everyone" — citizens and non-citizens alike. Some rights (like voting) apply only to citizens.
What do I do if my constitutional right is violated?
You can approach any court for appropriate relief, including a declaration of rights, an interdict, or damages.
Related Terms
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