The constitutional court has had the opportunity to pronounce on the right of access to courts on several occasions. In the recent past, several cases have dealt with the constitutionality of time-bar provisions which prevent the institution of an action upon failure to perform a particular action within a set period of time (see, for instance, Brümmer v Minister of Social Development 2009 6 SA 323 (CC) and Engelbrecht v Road Accident Fund 2007 6 SA 96 (CC))
Both administrative offenses’ and criminal procedure legal regulation did not provide for the possi...
This essay challenges the received approach to the limitation of rights in Canada, arguing that the ...
The author notes that since time limit to file a complaint is directly related to realization of a c...
Fifteen years into our constitutional democracy, it is accepted as a trite doctrine of Constitutiona...
Suspension of and limitation on fundamental rights and freedoms are justified violations of constitu...
Justifying the judicial application of fundamental rights is forever a fiercely debated topic. Equal...
Many modern constitutional charters of fundamental rights authorize the limitation of the rights the...
Twenty years after the Supreme Court of Canada's famous decision in R. v. Oakes interpreting section...
A time limit privative clause differs from other types of privative clauses in that it is analogous...
The right of access to a court for the protection of the violated rights of a person is one of the f...
The Constitutional Court in Croatian constitutional law organisation is the highest constitutional b...
The Constitution protects the right to equality and access to courts. There it manifests unfairness ...
In matters of rights, constitutions tend to avoid settling controversies. With few exceptions, right...
Twenty years after the Supreme Court of Canada's famous decision in R. v. Oakes (1986) interpreting ...
grantor: University of TorontoA striking feature of the post-WWII model of rights-protecti...
Both administrative offenses’ and criminal procedure legal regulation did not provide for the possi...
This essay challenges the received approach to the limitation of rights in Canada, arguing that the ...
The author notes that since time limit to file a complaint is directly related to realization of a c...
Fifteen years into our constitutional democracy, it is accepted as a trite doctrine of Constitutiona...
Suspension of and limitation on fundamental rights and freedoms are justified violations of constitu...
Justifying the judicial application of fundamental rights is forever a fiercely debated topic. Equal...
Many modern constitutional charters of fundamental rights authorize the limitation of the rights the...
Twenty years after the Supreme Court of Canada's famous decision in R. v. Oakes interpreting section...
A time limit privative clause differs from other types of privative clauses in that it is analogous...
The right of access to a court for the protection of the violated rights of a person is one of the f...
The Constitutional Court in Croatian constitutional law organisation is the highest constitutional b...
The Constitution protects the right to equality and access to courts. There it manifests unfairness ...
In matters of rights, constitutions tend to avoid settling controversies. With few exceptions, right...
Twenty years after the Supreme Court of Canada's famous decision in R. v. Oakes (1986) interpreting ...
grantor: University of TorontoA striking feature of the post-WWII model of rights-protecti...
Both administrative offenses’ and criminal procedure legal regulation did not provide for the possi...
This essay challenges the received approach to the limitation of rights in Canada, arguing that the ...
The author notes that since time limit to file a complaint is directly related to realization of a c...