The Albie Collection

Questions About Interpreting and Applying the Constitution | The Du Plessis Case

Du Plessis Case: Constitutional Court Press Summary

Du Plessis Case: Abridged Judgment

Du Plessis Case: Constitutional Court Full Judgment

Du Plessis Case: Video Transcript

Video Chapters

- Distinguishing between horizontal and vertical application
- Dikastocracy – with a big smile on my face
- The job of the court
- Inclusion of horizontal application in the final constitution
- Don't rush in

The Du Plessis Case

1996

Du Plessis and Others v De Klerk and Another

Horizontal and Vertical Application of the Constitution

A hot issue in this case was: Does the Bill of Rights apply only vertically to relationships between the State and private persons, or does it also apply horizontally to relationships between private persons? In his judgment, Justice Sachs contends that it applies diagonally, that is, to relations indirectly between private persons through its influence on the interpretation of statutes and the development by the courts of the common law.

Doc #TAC_C_03_12_03_01
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