Dress Code Constitutionality
In order to determine the constitutionality of the proposal of a dress code for Parliament it is necessary to elaborate upon the internal role and functioning of Parliament to assess whether such a proposal would be deemed constitutional. The constitutionality of the proposed dress code will be measured according to its compliance with the provisions and democratic values prescribed in the Constitution of the Republic of South Africa, 1996 as the highest law in the land , the procedural basis of rule-making by Parliament’s Joint Rules Committee as set out in section 45, 57 and 70 of the Constitution as well as the relevant legislation and case law which may address the constitutionality of the proposal. The focus of the discussion of the internal role and functioning of Parliament will revolve around its ability to create its own rules with regards to the conduct of parliamentary procedures as well as its regulation of its own internal processes .
The Constitution confers the power of being able to
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Furthermore the dress code adheres to the explicit and implicit constraints conferred by the Constitution therefore coinciding with the principle of legality. Despite the potentiality the dress codes infringement upon the right to the freedom and security of a person it may be justifiably limited taking into account the importance and minimal extent of the limitation in addition to the aforementioned extract of foreign law which also highlights the reasonableness in ensuring the prevention of unprincipled inclinations such as the wearing of informal clothing to protect th dignity and decorum of
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