My conclusions, on this point, are as follows: when the Law Commission says committal of judgment debtors is an anomaly that cannot be justified and should be abolished; when it is common cause that there is a general international move away from imprisonment for civil debt, of which the present committal proceedings are an adapted relic; when such imprisonment has been abolished in South Africa, save for its contested form as contempt of court in the magistrate's court; when the clauses concerned have already been interpreted by the Courts as restrictively as possible, without their constitutionally offensive core being eviscerated; when other tried and tested methods exist for recovery of debt from those in a position to pay; when the violation of the fundamental right to personal freedom is manifest, and the procedures used must inevitably possess a summary character if they are to be economically worthwhile to the creditor, then the very institution of civil imprisonment, however it may be described and however well directed its procedures might be, in itself must be regarded as highly questionable and not a compelling claimant for survival.
Albie SachsStichwörter: freedom law debt human-rights south-africa foreign-law south-african-law civil-imprisonment legal-interpretation
Severability is an important concept in the context of the relations between this Court and Parliament; like 'reading down', it is an instrument of judicial restraint which reduces the danger of producing an overbroad judicial reaction to overbroad legislation.
Albie SachsStichwörter: law south-africa constitutional-law south-african-law severability reading-down
(The law) is like a single-bed blanket on a double bed and three folks in the bed and a cold night. There ain’t ever enough blanket to cover the case, no matter how much pulling and hauling, and somebody is always going to nigh catch pneumonia. Hell, the law is like the pants you bought last year for a growing boy, but it is always this year and the seams are popped and the shankbone’s to the breeze. The law is always too short and too tight for growing humankind.
Robert Penn WarrenStichwörter: law
Nothing is illegal so long as you correct it before the SEC catches it.
Ali SheikhStichwörter: law business economy sec
Laws should act as the lower limits of acceptable behavior, not as a guide to noble action.
George HammondAnyone who denies the law of non-contradiction should be beaten and burned until he admits that to be beaten is not the same as not to be beaten, and to be burned is not the same as not to be burned.
AvicennaStichwörter: law law-of-non-contradication non-contradiction
Imagine if we applied as much grace to others as we give ourselves
Orrin WoodwardThe creators of the Constitution were not purple-robed scholars, sitting in their ivory towers attempting to put abstract theories into play, but men who had come to realize that their system of government was broken. These men desired desperately to repair it.
C.L. GammonStichwörter: history revolution law government constitution
It is better to exist unknow to the law.--Irish Proverb
Dorien KellyLe pays latins, comme les pays d'Orient, oppriment la femme par le rigueur des moeurs encore plus que par celle des lois.
Simone de BeauvoirStichwörter: law gender-roles habits gender-inequality southern-countries
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