Services and resources include:The Library subscribes to the major law reports (from the English-speaking world, Germany and France ); to major foreign and local law journals and reviews; and to textbooks and monographs from major jurisdictions including South Africa, other countries in Africa, Europe, the United Kingdom, Canada, the United States and India.Tables of contents of selected works can be searched in depth. But a world-class library requires more.The library holds loose-leaf publications, annual supplements, digests and series.The library's textbook and monograph collection comprises about 6 500 volumes. It has received a number of generous gifts.Early in 1996, the Norwegian government donated about $1-million for the development of the Library. "Judges are reminded to keep these values - which crop up frequently in South Africa's constitutional law - at the front of their minds when dealing with the Bill of Rights.The Bill of Rights cannot be changed by a simple parliamentary majority. However, users will have access to some online services.Photocopying will be charged at 50 cents a page, payable by revenue stamps.
Any restriction on a right must be reasonable and must be proportional in that the impact or extent of the restriction must match the importance of the aim served by the limitation of the right.Section 38 gives a person who believes an infringement has occurred the right to go to court. One citizen's right to be protected from violent suspected criminals will conflict with that suspect's right to freedom of movement.It's an established principle, then, that rights can be limited. The challenge, though, is to allow them to be limited only under strict conditions. Civil and political rights, those traditionally included in constitutions around the world, tend to be considered first-generation rights.These rights, which were given expression by the Enlightenment thinkers, were the first to be recognised by law. Rather, it can only be amended by a Bill passed by the National Assembly, if at least two-thirds (67 percent of the members of Parliament) vote for it; and the National Council of Provinces, if at least six provinces vote for it.When the Constitutional Court was inaugurated in 1995, the shelves of the new library were bare.
See how to approach the Constitutional Court, as well as the list of organisations that can help you enforce your rights.The Bill of Rights is unlike any ordinary piece of legislation.
Each has two clerks, ordinarily recent law graduates. This is the most difficult aspect of developing a modern constitutional law library, but a project is afoot to accelerate the growth of the collection.In 2001 one of the diplomatic missions in South Africa donated a set of textbooks published in its own country to each of the 11 judges' chambers. Section 8 says it binds the executive, the judiciary and all organs of state - which means everyone from the president to the police.But a recurring theme in constitutional law is whether private individuals and bodies (such as clubs, companies and private schools) are also obliged to observe such rights. (See the history of the Constitution for the background to the struggle for human rights and democracy. Instead, the Court considers it a national and continental resource: it is accessible for research by other courts, independent state institutions, legal academics, practising lawyers and other constitutional law researchers.The vision extends further: the goal is to develop the library as a resource for all lawyers. The library is prepared to fulfil this duty if the means to do so are available, for scarce resources simply have to be shared.When the Constitutional Court heard its first case on 15 February 1995, its library consisted of a few hundred books. An important instruction is contained in section 39(1)(a): "When interpreting the Bill of Rights, a court, tribunal or forum must promote the values that underlie an open and democratic society based on human dignity, equality and freedom.
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