Limitation of Constitutional Rights

A  limitation clause is a constitutional provision  which enables  constitutionally  protected rights to be partially limited, to a specified extent and for certain democratically justifiable purposes.

A limitation clause also seeks to prohibit excessive restrictions on rights  that may be harmful to democracy because of their purpose, nature of extent.Bills  of rights can be classified  as   the first amendments of the constitution.

In South Africa there are limitation clauses  which states  that rights may be  limited 

by law under reasonable and justifiable  circumstances. Mostly in an open and democratic society based on dignity, freedom, and equality. For instance Mr John has the right to freedom of expression but his freedom Must not disturb the dignity of Mrs Johnson.

Limitation rights in South Africa are limited in such a way that their enjoyment may be curtailed in specific circumstances, for example personal liberty can be limited if one is convicted of a crime offense.

On the other hand there is limitation clause of constitutional rights which explains that a person 

must realize the right without changing the exact content of the right.

RIGHT- LIMITATION CLAUSE other constitutions take limits in relation to specific rights.For example other  countries establish freedom of expression, speech, and set out specific limitation that apply to exercise each of those rights. Each limitation clause can be made to suit the value of the right.

GENERAL LIMITATION CLAUSE rather specify particular clause, such as health, moral for each of the rights. Other institutions use a single limitation clause. For instance countries like in Canada, rights and freedom  set out in it subject only to such reasonable limits  prescribed by the law.

Not everyone has the right to freedom of speech, the constitution provides limitation clause upon the right  for  national security and for the right of others. Such limitations may be applied in certain circumstances and in a democratic society.

A limitation clause  is applied by the constitution on the relevant factor which include:

•The nature of the right.

•The importance of the purpose of the limitation of the right.

•The nature and the extent of the limitation.

•The relation between the limitation and the purpose; and.

•Less restrictive means to achieve the purpose.

In Order for the clause to be relevant it must be specific by that it will be helpful to decision makers, specificity might also help make the constitution more enduring and resilient. The objective for the limitation of rights, to protect the rights of others this means when the  conflict among rights occurs the limitation must be applied. 

Referring to what has been said we can  say the constitution dealt with the limitation clause of the bill of the rights lawfully and equally which is ethical governing. 

 

Amkelisiwe Vava

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