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Article 38

Limitation of Rights

(1) The rights set out in this Chapter may be limited by law, provided that the law is not targeted at any particular individuals or groups.

(2) A right may be limited by law, or by specific exceptions in this Chapter, only if that limitation is demonstrably reasonable and justified according to the values underlying this Constitution.

(3) In deciding whether a limitation is reasonable and justifiable, all relevant factors must be taken into account.

(4) The relevant factors in terms of Clause 3 include the nature and importance of the right limited, the importance of the purpose to be achieved by the limitation, whether the limitation is suitable for achieving the purpose, and whether the same purpose could be achieved while being less restrictive of the rights limited.

(5) Possible restriction of fundamental rights during a state of emergency is dealt with in Chapter 14, Article 131 of this Constitution.