SciELO - Scientific Electronic Library Online

vol.11 issue2UN Peacekeeping in Africa and good governance: challenges and prospects author indexsubject indexarticles search
Home Pagealphabetic serial listing  

Services on Demand



Related links

  • On index processCited by Google
  • On index processSimilars in Google


PER: Potchefstroomse Elektroniese Regsblad

On-line version ISSN 1727-3781


VAN DER SCHYFF, G. The protection of fundamental rights in the Netherlands and South Africa compared: can the many differences be justified?. PER [online]. 2008, vol.11, n.2, pp.17-41. ISSN 1727-3781.

This contribution considers the protection of fundamental rights in the Netherlands and South Africa. Both countries strive to be constitutional democracies that respect basic rights. But both countries go about this aim in very different ways. These different paths to constitutionalism are compared, as well as the reasons for these differences and whether it can be said that these differences are justifiable. This is done by comparing the character of the rights guaranteed in the Dutch and South African legal orders, the sources of these rights and the locus or centre of protection in both systems. The conclusion is reached that no single or perfect route to attaining the desired protection of fundamental rights exists, but that one should always enquire as to the state of individual freedom and the right to make free political choices in measuring the worth of a system's protection of rights.

Keywords : South Africa; The Netherlands; comparative fundamental rights.

        · text in English     · English ( pdf )


Creative Commons License All the contents of this journal, except where otherwise noted, is licensed under a Creative Commons Attribution License