The Application of the Doctrine of Proportionality in South African Courts

Abstract

Can constitutional rights be limited where there is a functioning democracy and the rule of law? It has become generally accepted that limitations on constitutional rights generated by statutory or common law in democracies are constitutionally permissible if the principle of proportionality is applied. Succinctly put, in functioning democracies the constitutionality of such limitations are determined by proportionality.