The Legal Nature of the South African Constitutional Revolution
Lourens WH Ackermann |
Over three evenings in May 2004, Justice Ackermann delivered lectures that addressed the constitutional revolution wrought in South Africa by its new Constitution, which includes the South African Bill of Rights. Part I outlines the sequence of steps taken to introduce a new constitution into South Africa, and explores the link between the old regime and the new. It asks whether the new regime should be understood as a revolutionary break with the past. Part II examines the fundamental values that underlie the South African Constitution, emphasising the dignity and equality of individuals. Part III explores particular rights and issues: the rights to equality and to property, and the impact of social and economic rights. Although Justice Ackermann limits his remarks to the South African context, there is much in the recent South African experience that is germane to developments in New Zealand and elsewhere.
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The Horizontal Effects of the New Zealand Bill of Rights Act, as Applied in Hosking v Runting
Andrew Geddis |
It is common when discussing a human rights instrument, such as the New Zealand Bill of Rights Act 1990 (“the NZBORA”), to distinguish between that instrument’s “vertical” and “horizontal” applications. The former refers to the role that the rights recognised in the instrument play in relations between the state and individual citizens. The latter mode of application relates to how these recognised human rights impact upon the legal rights and obligations that exist between private individuals. This article examines how the NZBORA has been applied horizontally in New Zealand, with special reference to the Court of Appeal’s recent decision in Hosking v Runting (2004) 7 HRNZ 301. In the course of deciding in this case whether to recognise a tort of invasion of privacy in New Zealand, the four judgments issued all consider the effect that the NZBORA should have upon the Court’s deliberations. It is contended that the diverse approaches taken in these judgments indicate that questions relating to the NZBORA’s horizontal application have not been resolved, but rather are just beginning. |
2004 PART IV
