The bad parts of the statute are not judicially severable, I consider, from the rest of its provisions that deal with imprisonment. Their roots are entangled too tenaciously in the surrounding soil for a clean extraction to be feasible. The conclusion to which I accordingly come is that we are left with no option but to declare those provisions as a whole to be constitutionally invalid on account of their objectionable overbreadth.
John DidcottTag: law metaphor south-africa imprisonment constitutional-law south-african-law severability
Imprisonment is the form of punishment which may detrimentally affect not only the offender but also his family and his employment and because of its duration it can seldom be kept from becoming general public knowledge. It [...] can have a lasting demoralising effect on the character and personality of the offender. The loss of liberty, tedium, regimentation [...] which prison life entails, have a greater potentiality than a whipping for destroying the offender's self-esteem and the integrity of his character and for changing, for the worse, his way of life.
P.W. ThirionTag: liberty family self-esteem punishment law human-rights employment south-africa imprisonment south-african-law
It is likely to make us think we are not caged. We cannot feel the bars unless we push against them.
Erin MorgensternTag: free-will independence imprisonment
Security is a double-edged sword: While a fence sure protects the fenced; it also imprisons the protected.
Mokokoma MokhonoanaTag: security crime protection imprisonment border fence double-edged-sword
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