Clarify why the bill of rights provides for section 36 which sets limits to the exercise of all the rights in south africa?

Question: Clarify why the bill of rights provides for section 36 which sets limits to the exercise of all the rights in south africa?

The Bill of Rights is a cornerstone of democracy in South Africa. It enshrines the rights of all people in the country and affirms the democratic values of human dignity, equality and freedom. However, these rights are not absolute and can be limited in certain circumstances. Section 36 of the Constitution, also known as the limitation clause, sets out the conditions under which the rights in the Bill of Rights may be limited .

The purpose of the limitation clause is to balance the protection of individual rights with the needs of society as a whole . The limitation clause recognises that sometimes it may be necessary to limit a right in order to protect another right or a public interest, such as national security, public health or social justice. However, any limitation of a right must be reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom.

The limitation clause also provides a set of criteria that must be considered when determining whether a limitation of a right is reasonable and justifiable. These criteria include the nature and extent of the limitation, the importance and purpose of the limitation, the relation between the limitation and its purpose, and whether there are less restrictive means to achieve the purpose.

Therefore, section 36 of the Constitution provides for a framework to balance and harmonise the rights in the Bill of Rights with other constitutional values and social interests. It ensures that any limitation of a right is not arbitrary or disproportionate, but rather based on rational and objective grounds that can be tested against constitutional principles.

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