O’REGAN J and SACHS J
“Our Constitution is not merely a formal document regulating public power. It also
embodies, like the German Constitution, an objective, normative value system. As was
stated by the German Federal Constitutional Court: ‘The jurisprudence of the Federal
Constitutional Court is consistently to the effect that the basic right norms contain not
only defensive subjective rights for the individual but embody at the same time an
objective value system which, as a fundamental constitutional value for all areas of the
law, acts as a guiding principle and stimulus for the legislature, executive and judiciary.’
The same is true of our Constitution.”59 (Footnotes omitted.)
59
Carmichele v Minister of Safety and Security and Another 2001 (4) SA 938 (CC); 2001 (10) BCLR 995
(CC) at para 54.
70
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