Dress Code Essay

1151 Words5 Pages
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…show more content…
Evidence to suggest this is section 57 (1) (b) and section 70 (1) (b) of the Constitution which entitles both Houses to ‘make rules and orders concerning its business’ as well as Rule 161 (1) (d) of the Rules Committee of the National Assembly which states that it may forward proposals to the Joint Rules Committee on matters which fall within the scope of the powers and functions of the…show more content…
Thus the proposal of the dress code would be constitutional given that it would fall within the functional area of matters, such as the rules and internal arrangements of Parliament, which is dealt with by the Rules Committee . The constitutionality of the dress code is further justified by the fact that the Joint Rules Committee represents one of the ‘highest structures in the hierarchy of Parliament’ . Therefore by acting within its powers to propose a rule which sets a minimum dress code standard would ultimately leave little ground for
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