The day the Constitution died (again)
To begin with, we don't have much of a Constitution to speak of. Ours is not a liberal Constitution peppered with extensive safeguards against the abuse of power. Our Constitution does attempt to limit the exercise of power and there are many restrictions on what the respective organs of state may or may not do. But, there are enough provisions that allow the state to claim expansive powers and enough provisions to allow for the restriction of citizens rights. But, whatever we might say about our (amendment-ravaged) Constitution, the fact remains that it is a document that is a starting point for any discussion in law about the extent of the state's power and the extent of the citizen's rights. There are 'silences' in many provisions that enable legroom for a pro-citizen instead of a pro-state interpretation. (Just realised that 'pro-state' unhyphenated is prostate. There is an accidental link between intellectual alignment with the powers that ...