Original Research - Special Collection: Law and Justice Conference

The South African Constitution as an instrument of doing what is just, right and fair

Felix Dube
In die Skriflig/In Luce Verbi | Vol 54, No 1 | a2601 | DOI: https://doi.org/10.4102/ids.v54i1.2601 | © 2020 Felix Dube | This work is licensed under CC Attribution 4.0
Submitted: 02 February 2020 | Published: 21 December 2020

About the author(s)

Felix Dube, SARChI Chair in Cities, Law and Environmental Sustainability, Faculty of Law, North-West University, Potchefstroom, South Africa


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Abstract

The South African Constitution creates rights and imposes obligations. However, it is not established that constitutional obligations include doing what is just, right and fair. This article sought to ascertain whether the Constitution binds South Africans to legally enforceable obligations to do what is just, right and fair. The article used the doctrinal legal research methodology, which entailed the analysis of primary and secondary sources of law such as the Constitution, case law, books and journal articles. The analysis showed that doing what is just, right and fair is legally mandated by the spirit of the Constitution, which is expressly and implicitly articulated in the preamble, the founding values and the Bill of Rights. The analysis further showed that the judiciary is at the epicentre of facilitating justice and ensuring that all public and private conduct is right and fair.


Keywords

Constitution of South Africa; Justice; Preamble; Founding values; Bill of Rights

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