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In a frequently-cited passage, Dickson CJC described the components of proportionality as follows: There are, in my view, three important components of a proportionality test. First, the measures adopted must be carefully designed to achieve the objective in question.
6 cze 1995 · Citation S v Makwanyane and Another (CCT 3/94) [1995] ZACC 3 (6 June 1995) Copy Media Neutral Citation [1995] ZACC 3 Copy Hearing date 15 February 1995 Court Constitutional Court of South Africa Case number
S v Makwanyane and Another (CCT 3/94) was a landmark 1995 judgment of the Constitutional Court of South Africa. It established that capital punishment was inconsistent with the commitment to human rights expressed in the Interim Constitution.
The full citation of the case is S v Makwanyane and Another 1995 (6) BCLR 665 (CC). The case declared the death penalty unconstitutional and was decided by the Constitutional Court in 1995.
6 cze 1995 · Citation S v Makwanyane and Another , CCT/3/94, South Africa: Constitutional Court, 6 June 1995, https://www.refworld.org/jurisprudence/caselaw/zafcc/1995/en/87620 [accessed 17 October 2024] Copy to Clipboard
Abstract. Human rights — Inhuman or degrading treatment or punishment — Right to life — Right to dignity — Right to equality — Death penalty in South Africa — New legal order — Constitutionality of death penalty — Death penalty for murder under Section 277 (1) (a) of Criminal Procedure Act 1977 — Whether Section 277 (1) (a) of ...
21 lut 2024 · S v Makwanyane and Another was a landmark decision of the Constitutional Court of South Africa, in which the court ruled that capital punishment was incompatible with the protection against "cruel, inhuman or degrading treatment or punishment" in the Interim Constitution.
