• Login
    View Item 
    •   UZ eScholar Home
    • Faculty of Law
    • Department of Public Law
    • Public Law Staff Publications
    • View Item
    •   UZ eScholar Home
    • Faculty of Law
    • Department of Public Law
    • Public Law Staff Publications
    • View Item
    JavaScript is disabled for your browser. Some features of this site may not work without it.

    Rights inference: Understanding the meaning of Section 46 of the Constitution of Zimbabwe beyond Gubbay CJ’s dictum.

    Thumbnail
    View/Open
    Main article (237.5Kb)
    Date
    2019
    Author
    Mavedzenge, Alfred
    Type
    Article
    Metadata
    Show full item record

    Abstract
    The Constitution of Zimbabwe guarantees a wide range of fundamental rights. These are set out in Chapter four-the Declaration of Rights. However, the Constitution is silent on a number of fundamental rights which include the right to access adequate housing, the right to development and the right to the protection of family. Thus, the Constitution does not expressly provide for these rights, yet in the preamble it, captures and expresses a vision of a prosperous and just society that is based on human dignity. There is a real risk that this vision will remain a pipe dream if individuals do not enjoy these rights. In this paper, I examine how and the extent to which the interpretive guidelines set out in section 46 of the Constitution, can be applied as a tool to infer or read in rights that are not expressly provided for in the Constitution’s Declaration of Rights. Inevitably I also examine the theoretical underpinnings of the rules provided for in section 46 and argue that, the courts need to engage with those theories in a critical and nuanced fashion in order to develop a meaningful jurisprudence on how fundamental rights should be interpreted in Zimbabwe.
    URI
    http://hdl.handle.net/10646/3894
    Additional Citation Information
    Mavedzenge, A. (2019). Rights inference: Understanding the meaning of Section 46 of the Constitution of Zimbabwe beyond Gubbay CJ’s dictum. University of Zimbabwe Law Journal, 2 (1) . 93-115.
    Publisher
    University of Zimbabwe
    Subject
    constitution
    constitutional court
    section 46
    constitutional values
    rights
    human dignity
    constitution of Zimbabwe
    Collections
    • Public Law Staff Publications [24]

    Related items

    Showing items related by title, author, creator and subject.

    • Thumbnail

      An outline of fundamental labour rights under international laws, national constitutions and Zimbabwean constitutional norms 

      Gwisai, Munyaradzi; Matsikidze, Rogers; Ushewekunze, Shingirai; Musoni, Kiven (Faculty of Law, University of Zimbabwe (UZ), 2009)
      Amongst the most important rights provided for in democratic societies and constitutions are labour rights. At the foundation of these is the right to just and dignified work for every adult person. A key component of this ...
    • Thumbnail

      Defending and Protecting Gender Equality and the Family Under a Decidedly Undecided Constitution in Zimbabwe 

      Ncube, Welshman (Faculty of Law, University of Zimbabwe (UZ), 1997)
      Zimbabwe is party to virtually all international human rights instruments which oblige countries to inter alia, protect and promote the family and family life for the benefit of its members; guarantee women equality with ...
    • Thumbnail

      Alteration of the Constitution 

      Linington, Greg (Faculty of Law, University of Zimbabwe (UZ), 1997)
      Constitutional Bills must be published in the Government Gazette not less than thirty days prior to being introduced into Parliament. This is a mandatory requirement and unless and until it has been complied with, a ...

    University of Zimbabwe: Educating To Change Lives!
    DSpace software copyright © 2002-2020  DuraSpace | Contact Us | Send Feedback
     

     

    Browse

    All of UZ eScholarCommunities & CollectionsBy Issue DateAuthorsTitlesSubjectsThis CollectionBy Issue DateAuthorsTitlesSubjects

    My Account

    LoginRegister

    University of Zimbabwe: Educating To Change Lives!
    DSpace software copyright © 2002-2020  DuraSpace | Contact Us | Send Feedback