FUR2601 Assignment 2 (COMPLETE ANSWERS) Semester 2 2024 - DUE 27 September 2024
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Course
Fundamental Rights (FUR2601)
Institution
University Of South Africa (Unisa)
Book
The Bill of Rights Handbook
FUR2601 Assignment 2 (COMPLETE ANSWERS) Semester 2 2024 - DUE 27 September 2024 ; 100% TRUSTED Complete, trusted solutions and explanations. For assistance, Whats-App 0.6.7-1.7.1-1.7.3.9. Ensure your success with us .
In the landmark case of S v Makwanyane, the Constitutional Court of South Africa extensively
used international and foreign law in interpreting the rights enshrined in the Bill of Rights. The
Court highlighted the significance of both public international law and foreign law as interpretive
tools, albeit with different levels of obligation and influence.
Public international law, which includes international agreements, customary international
law, and judgments from international courts such as the European Court of Human Rights
(ECHP), plays a pivotal role in shaping the interpretation of the Bill of Rights. The Constitutional
Court acknowledged that both binding and non-binding international law could be utilized to
evaluate and understand rights. According to Section 39(1) of the South African Constitution,
courts are mandated to consider applicable public international law when interpreting the Bill of
Rights. This obligation underscores the importance of aligning domestic interpretations with
global human rights standards, providing a framework within which rights can be
comprehensively evaluated. Terms of use
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