Limiting Socio-Economic Rights: Beyond the Internal Limitations Clauses

Abstract

The decision of the Constitutional Court in Khosa v Minister of Social Development raises the question of the distinction between a general limitations clause analysis and an internal limitations clause analysis in the context of the socio-economic rights in the 1996 Constitution. This article explores the difference between reasonableness in the general limitation clause of the Constitution and reasonableness in the internal limitations clauses of the socio-economic rights and defines a role for each.

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