CONSTITUTIONAL DAMAGES: A CALL FOR THE DEVELOPMENT OF A FRAMEWORK IN SOUTH AFRICA
Abstract
This paper explores whether the positive duties placed on the state by the Constitution of South Africa,1 particularly the South African Police Service (hereinafter „SAPS‟), are adequately represented by the doctrine of vicarious liability. The doctrine was developed in a private law setting and since the inception of the Constitution it has been stretched to vindicate the Bill of Rights. This stretching has resulted in a number of tears in the law‟s fabric and the best solution which comes to mind is to patch the tears with the doctrine of constitutional damages.Copyright (c) 2019 Shaun Barns
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
This journal is an open access journal, and the author(s) and journal should be properly acknowledged, when works are cited.
Authors, copyright holders, may use the publishers version for teaching purposes, in books, theses, dissertations, conferences and conference papers.
A copy of the authors’ publishers version may also be hosted on the following websites:
- Non-commercial personal homepage or blog.
- Institutional webpage.
- Authors Institutional Repository.
The following notice should accompany such a posting on the website: “This is an electronic version of an article published in Respponsa Meridiana, Volume XXX, number XXX, pages XXX–XXX”, DOI. Authors should also supply a hyperlink to the original paper or indicate where the original paper (http://www.journals.ac.za/index.php/responsa) may be found.
Authors publishers version, affiliated with the Stellenbosch University will be automatically deposited in the University’s’ Institutional Repository SUNScholar.
Articles as a whole, may not be re-published with another journal.
The following license applies:
Attribution CC BY-NC-ND 4.0