期刊名称:Harvard Civil Rights-Civil Liberties Law Review
印刷版ISSN:0017-8039
电子版ISSN:1943-5061
出版年度:2002
卷号:37
期号:1
出版社:Harvard Law School
摘要:It is widely known that the U.S. Bill of Rights has been an integralformative text of the American Republic for over 200 years. However, themagnitude of its inouence on other constitutional democracies is lesswidely known. Through the years, foreign judiciaries have consistentlylooked to the U.S. Bill of Rights for guidance when expounding rightswithin their nations.2The Constitutional Court of South Africa is one ofthe courts that has looked to the Supreme Court's case law on numerousoccasions, to supplement its indigenous jurisprudence.3In the tradition ofthe "overseas trade in the Bill of Rights,"4this Article explores the con-stitutionality of a recently enacted South African statute by applying ablend of South African and American constitutional law. For constitu-tional questions that South African law is developed enough to answer onits own, South African law alone is used. However