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The South African Constitutional Court And The Unborn, S De Freitas
The South African Constitutional Court And The Unborn, S De Freitas
Law Papers and Journal Articles
The South African Constitutional Court has not yet been confronted with having to make a finding on the status of the unborn against the background of the South African Bill of Rights. Expecting that the Constitutional Court will sometime in the future be approached in this regard, this article presents some preparatory foundational insights on what the approach of the said Court should be. In this regard, the law-making function of the judiciary and the importance of an informative and rational approach towards the protection of the unborn in the judicial process are emphasised. A more nuanced approach by the …