CONSTITUTIONAL DAMAGES: A CALL FOR THE DEVELOPMENT OF A FRAMEWORK IN SOUTH AFRICA
AbstractThis paper explores whether the positive duties placed on the state by the Constitution of South Africa,1 particularly the South African Police Service (hereinafter â€žSAPSâ€Ÿ), 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 lawâ€Ÿs 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
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