Abstract
The entrenchment of a Bill of Rights in a supreme Constitution in South Africa means that constitutionalism will become central in a new emerging jurisprudence. The constitutional requirement that the courts promote “the values which underlie an open and democratic society based on freedom and equality2 implies that the interpretive task will be radically different from what it was under the doctrine of parliamentary sovereignty. The duty imposed on the courts by section 39(1)(a) and 7(1) will compel them to make value choices and to make those values explicit through clear and transparent articulation.
 
Highlights
The entrenchment of a Bill of Rights in a supreme Constitution in South Africa means that constitutionalism will become central in a new emerging jurisprudence
The constitutional requirement that the courts promote “the values which underlie an open and democratic society based on freedom and equality implies that the interpretive task will be radically different from what it was under the doctrine of parliamentary sovereignty
The duty imposed on the courts by section 39(1)(a) and 7(1) will compel them to make value choices and to make those values explicit through clear and transparent articulation
Summary
The entrenchment of a Bill of Rights in a supreme Constitution in South Africa means that constitutionalism will become central in a new emerging jurisprudence. In brief the Law Society refused to register the applicant’s contract for community service, since he disclosed two previous convictions for possession of cannabis, and indicated his intention to continue using it for religious purposes (he is a member of the Rastafari religion). The respondents based their argument on the view that his convictions disqualified him to be admitted as an attorney, because he is not a “fit and proper person” if he intends to keep breaking the law. The only question was whether the law is inconsistent with the Constitution [109], and whether such an inconsistency (or infringement) is justified[111]
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