Limitation Clauses

This publication is only available in electronic format
Published: 
1 November 2014
Language: 
English
Pages: 
13
ISBN: 
No
Author(s): 
Dawood Ahmed, W. Elliot Bulmer
Available Languages:

A limitation clause enables constitutional rights to be partially limited, to a specified extent and for certain limited and democratically justifiable purposes, while prohibiting restrictions that are harmful to democracy by reason on their purpose, nature or extent.

International IDEA’s Constitution-Building Primers are designed to assist in-country constitution-building or constitutional-reform processes by helping citizens, political parties, civil society organisations, public officials, and members of constituent assemblies make wise constitutional choices. 

Contents

Overview

What is the Issue?

Rights and Their Limits

Judicial Terms of Office

Designing Limitation Clauses in Constitutions

Contextual Considerations

Comparative Jurisprudence

Examples of constitutional provisions

Decision-making Questions

References, Resources and Further Reading

Media