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PER: Potchefstroomse Elektroniese Regsblad
versão On-line ISSN 1727-3781
PER vol.11 no.2 Potchefstroom Jan. 2008
The protection of fundamental rights in the Netherlands and South Africa compared: can the many differences be justified?
G van der Schyff
Dr Gerhard van der Schyff, BA LLB LLM (Rand Afrikaans University) PhD (Antwerp). Lecturer in the Department of Constitutional and Administrative Law, Tilburg University, The Netherlands.
This contribution considers the protection of fundamental rights in the Netherlands and South Africa. Both countries strive to be constitutional democracies that respect basic rights. But both countries go about this aim in very different ways. These different paths to constitutionalism are compared, as well as the reasons for these differences and whether it can be said that these differences are justifiable. This is done by comparing the character of the rights guaranteed in the Dutch and South African legal orders, the sources of these rights and the locus or centre of protection in both systems. The conclusion is reached that no single or perfect route to attaining the desired protection of fundamental rights exists, but that one should always enquire as to the state of individual freedom and the right to make free political choices in measuring the worth of a system's protection of rights.
Key words: South Africa, The Netherlands, comparative fundamental rights.
1 Introduction
The aim of this contribution is to briefly consider and compare the various avenues followed in the Netherlands and South Africa in achieving the desired protection of fundamental rights, and ultimately good governance. These legal systems are chosen as both follow quite different routes to securing such protection, thereby inviting the question whether their different approaches are justified? The comparison will be conducted by comparing both legal systems as to the source of the rights protected, the character of such rights and the loci of protection within each system. But first the idea of fundamental rights protection is explored below in laying the groundwork for comparing the Netherlands and South Africa.
2 Fundamental rights protection as a common good
Good governance is increasingly placed on the agenda in modern societies. This is also true as far as the study of law is concerned. Gone are the days when the focus of academic endeavour simply rested on a thorough study of institutions, simply 'governance' if you will. The emphasis has shifted from an interest in how power is created and channelled, to how it should be exercised, hence 'good' governance.1
For example, the nineteenth century liberal rechtsstaat may have been a vehicle with which to secure legality, namely the requirement that all state action must have a foundation in law, but it failed to ensure the integrity of the laws passed.2 In this regard one only has to recall the Second World War and the atrocities committed which were often sanctioned by some or other law produced by the corrupted German rechtsstaat.3 The fact that a norm can technically be identified as a law is no longer good enough. This is also clearly evidenced by the shift after the War to fundamental rights protection as a common good. It was realised, more than ever before, that laws not only had to satisfy the formal requirements of legality, but cardinally also the substantive requirements of legitimacy.
In other words, the liberal rechtsstaat with its emphasis on the technical nature of laws was complemented by a deep concern as to the nature of such laws. This deep concern for the justifiability of the content of laws can be identified as the material rechtsstaat.4 The rechtsstaat, declaring the supremacy of law, not only had to ensure that laws were properly passed, but also that they respected certain minimum notions of justice. The latter is something which could no longer be left to the good will and discretion of the designated lawgiver, even if it was democratically legitimated. The 'good society' was no longer simply the concern of politics, but became increasingly a point of debate and contestation before the courts, especially in the form of fundamental rights.5
The acceptance of the Universal Declaration of Rights in 1948 set the tone for more awareness and activism in respect of basic rights, not only at the international level but also at the national level, not only in parliament but also in court.6 This said, it is important to note that different societies approach the prominence of fundamental rights by quite often radically different means. The 'good society' mindful of fundamental rights cannot be achieved by some or other fixed magic formula, but is influenced by various tensions and needs. However, one thing stands clear; there can be no 'good society' without such a thing as 'society'. Good governance by means of fundamental rights protection must aim to defend society against the state.7 Freedom is negated where society, as the sum total of human endeavour, is collapsed in the state, as the means with which to govern such endeavour.8 This is precisely the justification for fundamental rights, namely constructs aimed at delineating a free society in the face of government regulation and intervention. But although the notion of fundamental rights may be near universal, its practice is quite different, as will transpire below from the experience of the Netherlands and South Africa.
3 The Netherlands and South Africa compared
Generally the protection of rights can be situated between two poles, these being the political and judicial.9 In other words, who has the final say as to the protection of rights, the courts or parliament? Prior to the Second World War the emphasis rested on the political protection of rights, or the parliamentary model as it is also sometimes called.10 The supreme interpreter of human rights was the political voice of the electorate, and often only that voice. Courts were expected to apply the law and not to shape it. This was also the tradition in both the Netherlands and South Africa.
The Netherlands, under the influence of the French Revolution with its emphasis on popular legitimacy and its distrust of higher law applied by judges, followed a route of parliamentary supremacy.11 The same can be said of South Africa, which drawing heavily on the Westminster and common law tradition focused on the protection of rights by private law means.12 South Africans were not protected by a bill of rights, but by private law constructions translating rights and a sovereign parliament that enjoyed full responsibility for the integrity of the laws it passed. Both systems therefore saw much faith placed in parliament as the ultimate guardian of rights. There is however a difference to be noted here.
The Netherlands with its civil law focus viewed rights very much as part and parcel of public law; this is evidenced by the piecemeal inclusion of fundamental rights in the Constitution since the nineteenth century culminating in the grand revision of 1983.13 The question centred though on who had to interpret that aspect of public law; the arrived answer being parliament. South Africa on the other hand never knew entrenched fundamental rights; constitutional law was seen as 'positive morality' under the influence of John Austin's thought and not as 'positive law'.14 The effect was essentially the same - rights were in essence political tools and not so much judicial tools.
This view, namely of rights being solely political instruments, was held for a long time in South Africa, and as is generally known, also the source of great strife.15 The white minority dominated the political apparatus and effectively the rights of the black majority for much of the country's history in the twentieth century. The racial discrimination this engendered and the consequent protests, both nationally and internationally, fired the country's democratisation from the 1980s onwards culminating in the constitutional settlement of the 1990s with the adoption of the interim Constitution in 1993 and the final Constitution in 1996.16 A settlement which saw rights taking a prominent place in the new order. This prominence was grounded by the fact that the courts were called to enforce rights, thereby opting for what can be termed the constitutional model instead of the parliamentary model.17 No longer were judges deemed to be the mechanical appliers of the law, but they were enjoined to investigate the constitutional legitimacy of government action affecting rights.
The Netherlands, on the other hand, has not known so much opposition to accepting the idea of the judicial review of legislation in the light of fundamental rights as was the case in South Africa.18 Instead the real question centres to a certain extent on deciding the source of the rights which are to be used as benchmarks for review, namely should one settle for national or international rights? This is explained below.
3.1 Source of rights
The proper protection of fundamental rights is not only a question of whether rights are to be enforced by the judiciary, but importantly also relates to where such rights are to be found. Different systems follow different rules of recognition when it comes to locating the rights to which the bearers may lay claim. Globalisation has played a large role in this respect. People not only look across national boundaries for employment and financial opportunities, but increasingly also for their rights. The Universal Declaration of Human Rights set the trend in 1948, a trend which has known an explosion in recent years when it comes to treaties guaranteeing rights. The traditional setting of rights, namely national bills of rights is certainly not waning, but is faced by a competition of sorts when burgeoning international sources are taken into account.
3.1.1 International protection
Good governance by means of rights protection is far from being solely a national matter nowadays. This raises interesting questions as to the relation between national and international human rights regimes. These questions are solved differently from state to state, however two main possibilities can be identified. International law, including its accompanying human rights guarantees, can have direct effect in a national legal order or can enjoy effect only after having been transformed from international to national law.19 The first option, monism, is characteristic of the Dutch legal system, whereas the second, dualism, is characteristic of the South African order. This characteristic of the Dutch legal system has its foundations in unwritten constitutional law, while the Constitution on its part places a duty on the judiciary in section 94 not to apply national legal provisions where and to the extent these conflict with international law.20 International law is thus hierarchically superior to national law, including the Constitution.21
This stands in contrast to the South African position where the Constitution is always superior to international law, which in principle has to be enacted as national law before it may be applied by the courts.22 A conflict between a transformed treaty and the South African Constitution is resolved by following the latter, this is also the case when a conflict arises between the Constitution and customary international law.23 Whereas the Dutch system opts to turn to international law as its highest source of human rights, the South African dispensation chooses to place its faith in the national constitution. This does not mean to say though international law is disregarded in South Africa - far from it actually. Section 39(1)(b) of the Bill of Rights enjoins courts, tribunals and fora to take international law into account when interpreting the Bill's provisions, this obligation is also not limited to binding international law.24 While section 233 of the Constitution states that courts must prefer a reasonable interpretation of legislation that accords with international law to alternative interpretations that are inconsistent with international law. In practice judicial decisions in South Africa often refer to international law for guidance, while international law is pleaded frequently in Dutch courts to trump national provisions.25 International law clearly plays an important part in protecting human rights in both countries, but in very different ways. The Netherlands prefers a direct and superior role for international law, while the South African situation calls for international law to be considered, but never at the expense of the Constitution.
3.1.2 National protection
The situation is also very different between the two legal systems when the role of fundamental rights guaranteed at national level is compared. The Netherlands saw a gradual development of the guarantees entrenched in the Constitution since the nineteenth century, which ultimately culminated in the constitutional revision of 1983 and the inclusion of socio-economic rights in the Bill of Rights.26 South Africa, in contrast, never knew fundamental rights provisions in its various constitutions. This met with an abrupt change in the 1990s with the onset of the country's democratisation. Both the interim and final Constitutions boasted Bills of Rights, importantly these bills were also enforceable by the judiciary. This stands in stark contrast to the Constitutions of 1909, 1961 and 1983 which did not include express bills of rights and were either silent when it came to the judiciary applying the constitution or even forbade it, thereby affirming parliamentary sovereignty.
Although the Netherlands knew a bill of rights since the nineteenth century the Constitution saw the inclusion of a bar in 1848 to the judiciary reviewing compliance with constitutional provisions, so confirming the supremacy of parliament. This prohibition, which is at present contained in section 120, has become a standard feature of the Dutch Constitution and has survived the document's numerous revisions.27 Its effect is to prohibit the judiciary from testing whether acts of parliament comply with the rights in the Constitution or the procedure prescribed for the enactment of such laws.28 However, section 120 does not prevent the judiciary from reviewing laws of a lesser status than acts of parliament, such as delegated legislation and provincial and local ordinances, for constitutional compliance so long as such an inquiry does not implicitly review an act of parliament in the process.29 The idea was to allow the judiciary some measure of review, while still protecting parliament's primacy in passing acts. Reality, as almost always, took on a different shape. This is because the judiciary increasingly reviewed legislation, including acts of parliament, for compliance with international law, thereby denting parliament's legislative supremacy.30 One could say that international developments outpaced national recalcitrance. This again highlights a difference with the South African situation, where parliament's supremacy was decidedly broken in the 1990s and not simply watered down as is the case in the Netherlands.
This anomaly in Dutch law of judicial review in respect of international law, but only of laws of a lesser status than acts of parliament when the Constitution is at stake, has gained widespread criticism.31 For instance, a member's bill is currently being considered in the Senate, after its adoption by the Lower House, which would allow the judicial review of many, mostly classical, rights guaranteed in the Constitution.32 There are however grave doubts whether the proposal will pass the Senate, after which it would have to be passed again by both houses, but this time with a qualified majority of two-thirds.33 It then seems as if the current state of affairs will remain so for quite a bit longer.
3.1.3 Justification
The above raises the question as to the justifiability of these very different avenues pursued in respecting fundamental rights. The one, namely Dutch, sees a wish to preserve parliament's supremacy in respect of the Constitution, but sees it broken in respect of international law; while the other, South African, chooses to subject parliament to the judicially enforced Constitution and sees international law playing only an indirect role as an interpretative aid.
It can be argued that these different routes to the protection of rights are justified by reference to their context. The strong arm of the judicial branch, as it were, was seen as necessary in South Africa in aiding the consolidation of a sound democratic system after having suffered legislative abuse for so long.34 The need was felt to ensure that an over-concentration of power in one body was to be avoided, even if such a body is democratically elected in contrast to past parliaments. The Netherlands on the other hand never knew such a decisive shift from one dispensation to another, thereby explaining its haphazard constitutional development over the years.35
However, one could still argue that judicial review of the Dutch Constitution should be allowed as a matter of principle.36 In other words, good governance decrees such a document's judicial review. Although there is much to be said for the principle, one could cast doubts on certain characteristics of the Dutch Constitution. The Constitution is a rather technical document, its human rights provisions focus on the division of power more so than on the quality of an interfering measure. For example, only one provision in the Bill of Rights, namely section 15(4) regarding the rights of detainees, provides for the principle of proportionality to be applied in measuring the justifiability of interferences with the right.37 Instead the Bill focuses on creating extensive delegation provisions in its various limitation clauses, by either allowing only parliament to limit a right or including the possibility of it delegating the capacity to other organs.38
In comparison the South African Constitution states in its general limitation clause contained in section 36(1) that a right may only be limited by a "law of general application", thereby requiring legality but not restricting the state in its delegation to other organs of the capacity to set limits to rights. The rather technical Dutch approach should, arguably, only be viewed as important guidelines for parliament when considering new legislation, instead as hard and fast rules to be applied by the judiciary. This is the case as the strict judicial review of these intricate delegation provisions, which some may even call dated relics of the nineteenth century as to the mode of limitation, may obstruct efficient administration of the state by being too formalistic.
However, Dutch citizens on the other hand can still turn to international law for the substantive protection of their rights, an avenue which is closed in South Africa. This further difference is probably also justified. South Africa has to create and foster its own particular human rights culture in order to address its own past more so than the Netherlands, which can rely on a well developed regional system of protection in the form of the European Court of Human Rights, something which is still in its early stages in Africa. Again, the different approaches adopted in the Netherlands and South Africa can be understood, and probably accepted, by reference to each country's constitutional development and particular characteristics.
3.2 Character of rights
The twentieth century has known something of a rights explosion. Not only has the awareness of rights increased but also the number of rights. Whereas the nineteenth century saw a decided focus on civil and political rights, classical rights in other words, the previous century saw a shift to include socio-economic rights. The material rechtsstaat developed a new social dimension, not only does the focus of law rest on the organisation of the state and the accompanying political rights, but also on the quality of life within that state.39 This had led to questions as to the role of the judiciary in regards to enforcing socio-economic rights.
In respect the expansion of the judicial function in South Africa in the 1990s was not limited to classical rights, but also extended to the enforcement of socio-economic rights. However this had more meaning under the final Bill of Rights of 1996 solidifying the country's transition than under the interim Bill of Rights of 1993, as the latter did not include a 'full' declaration of both classical and socio-economic rights as was the case under the final Bill of Rights. The courts have then also made use of their new powers in reviewing compliance with the rights guaranteed in the final Bill. For example, the well-known decision of Grootboom attracted international attention and praise as a model example of courts investigating issues related to socio-economic rights.40 In this case the applicant and others were evicted from government land on which they squatted, but they were not provided with alternative accommodation thereby rendering them destitute. The court held that the government's housing programme by not protecting those in desperate need of shelter did not adequately see to the 'progressive realisation' of the right to housing in section 26 of the Bill of Rights.41 The government was consequently called upon to provide the evicted people with emergency shelter.
Such an approach to socio-economic rights is largely unheard of in the judicial world. Courts are generally accepted as arbiters of classical rights, but socio-economic rights are still very much the preserve of legislatures. The argument is usually raised that courts are not equipped to investigate government policy in relation to social matters and should consequently pay deference to those elected to make such policy. This is also generally the case in the Netherlands. Although there exists no bright-line rule in this regard, courts usually hold that matters related to socio-economic rights are not for them to decide, but are mere policy instructions aimed at government and not hard law.42 This reserve is far weaker when it comes to classical rights, as such rights are deemed as guaranteeing private spheres of state exclusion over which judges are competent.43 In other words, areas in which people are free to act and where the state has to withhold itself from action. This relies on the divide between action and inaction. Where the state is called upon to act, such as in the provision of socio-economic rights, the courts are reluctant to interfere; but where the state is called upon to refrain from action, such as is generally the case with classical rights, the courts are generally more inclined to investigate the matter. This dichotomy has given much fuel for an at times heated academic debate as to the judicial enforceability of socio-economic rights in contrast to classical rights.44
The purpose of this contribution is however not to repeat this debate, but to venture some thoughts on the justifiability of the status quo in South Africa in comparison to that in the Netherlands regarding the character of rights and their judicial enforceability. In other words, is the fact that socio-economic rights are generally not enforced by the judiciary in the Netherlands justified, given the outspoken judicial interest in such rights in South Africa? The answer to this question is probably yes.
Although one can on principle grounds advocate that socio-economic rights must be judicially enforced, this picture may change when the reality of a particular situation is considered. For example, the Netherlands is a highly developed country with an elaborate social welfare system. It is a society of little want in comparison to most other countries in the world. This enviable state of affairs has to date then also largely been the product of the political process. The introduction of social legislation on a large scale, starting in the 1950s, came about by political imperative, not judicial imperative. In other words, there is no general feeling in the Netherlands that socio-economic rights are not to be entrusted to parliament or that the situation will radically change were the judiciary to enforce such rights. Politicians are perceived as probably better placed to make such decisions than judges.45
South Africa on the other is undoubtedly also justified in having a judiciary which is called upon to test government policy in the socio-economic sphere. It may not be forgotten that South Africa knew a watershed moment, namely that between a society based on a supreme parliament that negated rights and a dispensation based on a justiciable supreme constitution that treasures rights.46 The South African situation given its past experience with the over-concentration of power in the legislative branch is rightfully wary of placing all its eggs in one basket as it were. Engaging the courts then seems to be a logical response to the country's history. The great social need in South Africa could certainly also be mentioned as another reason as to why not only the legislative branch of the trias politica is to be engaged, but also the judicial branch. Simply put, the social project to be embarked upon is so large and important that the courts, as co-arbiters, may serve to help government in approaching such important matters from the right perspective.
3.3 Locus of protection
The locus of protection refers to the notion of a centrifugal point or force of fundamental rights protection within a particular system.47 Stated differently, where is the essence or core of a system's concern for rights seated? Can a conditio sine qua non be identified without which fundamental rights protection in a particular legal system can simply not be imagined? In other words, a focal point of sorts in constituting the necessary protection of rights.
It is clear from the above exposition of fundamental rights protection in the Netherlands and South Africa that different loci are at stake when it comes to securing such protection in both systems. For instance, the South African dispensation is a clear example of a system that knows one central point or locus of fundamental rights protection, namely the Constitution. The Constitution can be seen as the source document of not only the state and its institutions, but also of fundamental rights and their enforcement. Section 2 of the document makes this clear by stating that it is -
the supreme law of the republic; law or conduct inconsistent with it is invalid, and the obligations imposed by it must be fulfilled.48
When studying fundamental rights protection in South Africa, the Constitution is to be viewed not only as the starting point, but also as the destination, as its provisions have the final say so to speak. This stands quite in contrast to the Dutch system.
The locus of the protection of fundamental rights in the Netherlands is not a unitary but a composite one. Rights protection is not as focused on the Constitution and its dictates as is the case in South Africa, but is instead a joint venture between the Constitution, parliament and international law.49 As a matter of fact, the debate has not been settled as to whether the Dutch parliament derives its legislative power from the Constitution or whether it may lay claim to inherent power.50 The latter view obviously enhances parliament's standing vis-à-vis constitutional authority and dictates, thereby diluting any centrifugal force. Furthermore, although the Constitution is an important source document, the role of parliament may also not be underestimated, as constitutional rights are often interpreted by using legislation as an interpretative aid. Moreover, when interpreting constitutional rights much also centres on the parliamentary preparatory work in drafting such provisions in order to stay true to the intention of the drafters. Add to the equation the weight of international law, both the possibility to invoke such law before domestic courts and the right to lodge applications with supranational courts, and the picture of rights protection becomes decidedly varied. A number of important forces work in on such protection from different angles, often in competition or congruence with each other, while the South African system takes on the form of a neatly tailored system with the Constitution as its logical and supreme constituent inspiration.
This difference also becomes clear when both countries' court structures are considered. South Africa has a special constitutional court as final arbiter in all constitutional matters, not only in respect of lower courts bound by means of the doctrine of precedent, but also to parliament.51 The Netherlands on the other hand knows three highest domestic courts in constitutional matters, those being the Central Council of Appeal (Centrale Raad van Beroep) for civil servant matters and social security law, the Council of State (Raad van State) for administrative law and the Supreme Court (Hoge Raad) for remaining matters.52 Add to this, institutions like the European Court of Human Rights and it quickly becomes clear that the locus of protection is not particularly centralised or hierarchically structured as is the case in South Africa. This is again the product of the fact that the Netherlands is a society characterised by a gradual expansion of fundamental rights protection, instead of a dispensation wishing to make a clean and decisive break with its past like South Africa. The Netherlands therefore never knew a pressing desire or need to focus the protection of rights as much as the South African experience. The result, namely human rights protection driven by a single force in South Africa is not emulated in the Netherlands where protection is driven by a number of largely separate forces coming together for a common purpose. This is indeed an important difference between the two systems, but undoubtedly justified seeing the difference in their constitutional development.
There is clearly no single or perfect route to attainting the desired protection of fundamental rights. This becomes clear after having evaluated the situation in the Netherlands and South Africa. Both these countries adhere to very different views in giving shape to their dispensations. The focus should rest not so much on devising a one-size-fits-all formula, but instead on opting for what works within a particular context. One should however be careful not to lay too great a stress on context either. The protection of rights should still be sound, but tailored to meet different needs.
As to what 'sound protection' exactly entails one can be more clear. Fundamental rights rest on respect for individual freedom. Individual freedom to conduct one's private life as you choose; but also the freedom to make political choices. Political freedom ensures that democracy thrives, while personal freedom sets limits to what the democratic majority can expect from the rest of society and its members.53 The South African experience is clearly one of a long and difficult struggle for a dispensation that enables such freedom, while the Dutch experience attests more of a gradual development seeking to find a delicate balance between the need to preserve tradition and embrace change. Both systems though are faced by the same challenge, namely that of ensuring that the right balance is continually struck between their state and society in guaranteeing real freedom.
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Vlemminx Nieuw Profiel
Vlemminx F Een Nieuw Profiel van de Grondrechten: een Analyse van de Prestatieplichten ingevolge Klassieke en Sociale Grondrechten 3rd ed (Boom Juridische Uitgevers Den Haag 2002) [ Links ]
Zoethout Rechtsstaat
Zoethout C "Wat is de Rechtsstaat? Een reflectie op rechtsstatelijke beginselen voor Wetgever, Bestuur en Rechter" in Van Ommeren FJ and Zijlstra SE (eds) DeRechtsstaat als Toetsingskader (Boom Juridische Uitgevers Den Haag 2003) [ Links ]
Register of legislation
The Netherlands
Constitution of the Netherlands 30 March 1814
Charter of the Kingdom of the Netherlands 28 October 1953
Wet van 9 maart 1962 op de Raad van State
Wet van 18 april 1827 op de samenstelling der rechterlijke macht en het beleid der justitie
South Africa
Constitution of the Republic of South Africa Act 200 of 1993
Constitution of the Republic of South Africa 1996
Register of cases
Council of Europe
Chassagnou v France of 29 April 1999 (ECHR)
The Netherlands
Hoge Raad 27 January 1961 NJ 1961, 248 (annotated by DJ Veegens)
Hoge Raad 14 April 1989 NJ 1989, 469 (annotated by M Scheltema)
South Africa
Government of the RSA v Grootboom 2001 (1) SA 46 (CC), 2000 (11) BCLR 1169 (CC)
New National Party of SA v Government of the RSA 1999 5 BCLR 489 (CC), 1999 3 SA 191 (CC)
S v Makwanyane 1995 (6) BCLR (CC), 1995 (3) SA 391 (CC)
Register of treaties, international documents and parliamentary papers
Eerste Kamer vergaderjaar 2004-2005, 28, 331
Tweede Kamer vergaderjaar 2001-2002, 28, 331
Universal Declaration of Human Rights 1948
List of abbreviations
ECHR European Court of Human Rights
par paragraph(s)
s section(s)
1 See also Hatchard et alComparative Constitutionalism 2.
2 Van Eikema Hommes 1978 TSAR 45-46; Zoethout Rechtsstaat59-60.
3 Stern1981 TSAR 245-245 speaks in this context of the Rechtsstaat being turned into a Gesetzesstaat. 'Recht' is then intended to mean law as morally justifiable, while 'Gesetz' is intended to mean legal rules devoid of any moral authority.
4 Böckenförde State, Society and Liberty 66-67; Van Eikema Hommes supra n 2 at 46-47; Zoethout supra n 2 at 60-63.
5 Cf Troper 2003 Int'l J of Constitutional Law 99; Cappelletti 1992 TSAR 265-266; Venter Constitutional Comparison 81-84; Adams Recht en Democratie 105-142.
6 See generally on the this awareness and the development of the theory of rights Burkens Algemene Leerstukken 1-12, 27-45; Rautenbach and Malherbe Constitutional Law 291-292; De Meij and Van der Vlies Inleiding 260.
7 Van Eikema Hommes supra n 2 at 44-45; Pierson Modern State 50-77.
8 Böckenförde supra n 4 at155-157; Van der Schyff Concept van Democratie553.
9 See generally Sadurski 2002 Oxford J of Legal Studies 275.
10 See Koopmans Courts 15-34 who expands on the parliamentary model by reference to the United Kingdom.
11 See on the French Revolution and its effect on judicial review Cappelletti Judicial Process 193-194; Brewer-Carias Judicial Review 64-67.
12 See generally on the protection of rights under common law Jayawickrama Judicial Application 98-109; Doyle and Wells Common Law 17.
13 The current Dutch Constitution is a revised version of the document that was originally adopted in 1814 bringing about the restoration after the Napoleonic era. The country has therefore not known various constitutions, but one document that sees revision from time to time. The last comprehensive revision took place in 1983. The Constitution must be distinguished from the Charter of the Kingdom of the Netherlands of 1953 that forges the union between the Netherlands, the Netherlands Antilles and Aruba. See Kortmann and Bovend' Eert Kingdom of the Netherlands 12-13.
14 See Austin Province of Jurisprudence (first published in 1832).
15 Venter supra n 5 at 74-79.
16 The interim Constitution of South Africa (including its Bill of Rights) was adopted in 1993 and came into force in 1994, it paved the way for the final Constitution (including its Bill of Rights) which was adopted in 1996 and came into effect in 1997. References to the South African Constitution must be taken to mean the final Constitution, unless the contrary can be deduced. For a general overview see Bouckaert 1997 Stanford J of Int'l L 375.
17 See Koopmans supra n 10 at35-62 who expands on the constitutional model by reference to the US.
18 See Van Houten Zicht op Wetgeving; Adams and Van der Schyff 2006 ZaöRV for overviews.
19 Jayawickrama supra n 12 at 95-97.
20 S 94 of the Dutch Constitution states that: "Legislative provisions in force within the Kingdom shall not be applicable if their application is in conflict with provisions of treaties that are binding on all persons or in conflict with resolutions adopted by international institutions." See Dölle and Engels Constitutionele Rechtspraak 51-52; Burkens et alDemocratische Rechtsstaat 331.
21 Taekema (ed) Understanding Dutch Law 21.
22 An exception was created in s 231(4) of the Constitution for self-executing treaties. See Olivier 2003 TSAR 495 who argues that parliament should indicate what it regards as self-executing; otherwise the courts would have to determine the question.
23 S 232 of the South African Constitution.
24 S v Makwanyane 1995 (6) BCLR (CC), 1995 (3) SA 391 (CC), par 35; Rautenbach and Malherbe supra n 6 at 42.
25 See Hovell and Williams 2005 Melbourne University LR 131.
26 See Akkermans, Bax and Verhey Grondrechten 35.
27 S 120 of the Dutch Constitution reads: "The constitutionality of acts of parliament and treaties shall not be reviewed by the judiciary." See Sap Netherlands Constitution 18-19; Hirsch Ballin Constitutionele Toetsing47-67; Dölle and Engels supra n 20 at 15-20; Burkens et alsupra n 20 at 184-191.
28 Hoge Raad 27 January 1961, NJ 1961, 248 (annotated by DJ Veegens); Hoge Raad, 14 April 1989, NJ 1989, 469 (annotated by M Scheltema); Van Houten supra n 18 at 41, 68-73.
29 Van Houten supra n 18 at 80-85, 239-241. The idea behind this construction is that parliament has sufficient procedural guarantees and democratic legitimacy to conduct constitutional review by itself, something which is not always the case with other legislative authorities - such as government-made delegated legislation or ordinances made by decentralised authorities.
30 This was of course a consequence of the doctrine of monism.
31 See Van Houten supra n 18 at 241-256 in this regard.
32 Tweede Kamer vergaderjaar 2001-2002, 28, 331, no 2. The bill would allow for deconcentrated review, in other words all judges would be allowed to review the constitutionality of acts of parliament and not only special constitutional judges. This in line with the judicial review of international law, which is also organised along deconcentrated lines. See alsoTweede Kamer vergaderjaar 2002-2003, 28, 331, no 9; Adams and Van der Schyff supra n 18 at 399.
33 The Senate drafted a particularly negative report of the bill; see Eerste Kamer vergaderjaar 2004-2005, 28, 331, B. The report focuses on the separation of powers and reiterates that the democratically elected legislature has to take responsibility for the constitutionality of legislation and not the courts.
34 See generally Currie and De Waal Bill of Rights 8-10, who explain that constitutionalism in modern-day South Africa must entail judicial review, even though institutions such as parliament now enjoy legitimacy. This is because judicial review can serve to strengthen democracy which is one of the new dispensation's foundational values.
35 See De Meij and Van der Vlies supra n 6 at 31-47 who sketch the relatively peaceful development of the Dutch state.
36 Dölle and Engels supra n 20 at 75-80.
37 S 15(4) of the Dutch Constitution holds that: "A person who has been lawfully deprived of his liberty may be restricted in the exercise of fundamental rights in so far as so far as' is taken to refer to a proportionality assessment the exercise of such rights is not compatible with the deprivation of liberty."
38 For an overview of delegation in the Dutch Constitution see Burkens et alsupra n 20 at73, 78-79, 133-134; De Meij and Van der Vlies supra n 6 at 127-132.
39 Burkens et al supra n 20 at 25-26; Stern supra n 3 at 246-248.
40 Government of the RSA v Grootboom 2001 (1) SA 46 (CC), 2000 (11) BCLR 1169 (CC). See Malherbe 2005 ZöR 111; Klaaren Institutional Interpretation 105.
41 S 26 of the South African Constitution provides that: "(1) Everyone has the right to access to adequate housing. (2) The state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of this right."
42 Burkens et alsupra n 20 at 138-139; Van der Roest Basisboek Recht 421; Prakke, De Reede and Van Wissen Handboek 381.
43 De Meij and Van der Vlies supra n 6 at 263.
44 See generally Vlemminx Nieuw Profiel.
45 See Burkens et al supra n 20 at 184 who explain that parliament is often perceived as being better placed to decide constitutional issues, as it is also responsible for adopting the Constitution in its guise as constitutional assembly.
46 New National Party of SA v Government of the RSA 1999 5 BCLR 489 (CC), 1999 3 SA 191 (CC) par 120.
47 The term locus of power is used often in literature on political science in tracing the source of political power in a state; here, however, it is used in the context of constitutional power.
48 See Rautenbach and Malherbe supra n 6 at 24-25.
49 See Van der Hoeven Plaats van de Grondwet passim; Kortmann and Bovend' Eert supra n 13 at 6; Kortmann and Bovend' Eert Constitutioneel Recht 5 regarding the function and place of the Dutch Constitution in that country's constitutional law. Sap supra n 27 at 42 words it as follows: "Dutch constitutional law is not based on a single overriding principle."
50 This debate centres on s 81 of the Dutch Constitution, which provides that: "Acts of Parliament shall be passed jointly by the Government and the Parliament." In other words, does the provision simply restate an established fact and further outline its procedure, or does it endow parliament (and the government) with such legislative powers?
51 S 167 of the South African Constitution. See Rautenbach and Malherbe supra n 6 at 227, 229-232.
52 S 116, 118 of the Dutch Constitution; Wet van 9 maart 1962 op de Raad van State; Wet van 18 april 1827 op de samenstelling der rechterlijke macht en het beleid der justitie; De Blois Grondslagen 81; Brenninkmeijer Judicial Organization 49-56.
53 The ECHR held similarly in Chassagnou v France of 29 April 1999 par 112: "Although individual interests must on occasion be subordinated to those of a group, democracy does not simply mean that the views of a majority must always prevail: a balance must be achieved which ensures the fair and proper treatment of minorities and avoids any abuse of a dominant position."


text:
News archive
Monday 21 April 1997
- Is this why Coleen took her wedding ring off? Wayne Rooney parties with woman in nightclub before getting into a lift with a mystery brunette on lads' night
- Victoria Beckham pokes fun at David Beckham's Versace shirt... as she gets her own back for his attack on her extravagant choice of boating attire
- Kim Kardashian calls three-month-old son Psalm 'the best baby' as she shares makeup free selfie of the pair cuddling
- Cheryl puts on a busty display in sequinned leotard and performs her signature dance move in epic Manchester Pride show
- Ed Sheeran hit by claims he's 'in the habit of stealing other artists' songs'... after pop star's royalties are FROZEN Ed has found himself in another court battle
- Is this the kid-proof uniform every parent has been longing for? Why M&S's new range is their best yet... Ad Feature
- 'I want to sleep with Baby Spice but kill Geri': Mel B makes explosive comments after THAT lesbian fling as she watches surprise proposal on stage
- Ariana Grande admits she is 'nervous and overwhelmed' as she headlines Manchester Pride in first visit to the city since benefit concert for 2017 bombing
- Tulisa puts on busty display in lacy white crop top and pink 'skort' as she steps out to dinner with pals... after thrilling the crowds in a futuristic ensemble at Manchester Pride
- Ryan Reynolds trolls pregnant wife Blake Lively on her 32nd birthday with the worst never-before-seen photos he can find Hilarious
- Sheridan Smith cancels gig after revealing she has lost her voice due to laryngitis and 'hopes it comes back' in time to finish her West End performance in Joseph
- Tommy Shelby and family are the new breed of working-class rebel. Poldark was brushed aside by Peaky Blinders, by Jim Shelley
- Binky Felstead reveals she's moving in with new businessman beau Max Fredrik Darnton after whirlwind eight-month romance... a year on from split with JP
- Prince George will 'show Princess Charlotte the ropes' when she joins him at £18,000-a-year St Thomas's Battersea, a royal expert claims
- Angelina Jolie looks radiant in a flowy white dress during shopping trip with Pax and Shiloh as she admits 'the last few years haven't been the easiest'
- Kaia Gerber looks effortlessly chic in a white crop top T-shirt and ripped jeans as she enjoys a spot of lunch in LA
- Jenna Dewan passionately kisses boyfriend Steve Kazee during visit to the farmer's market with her daughter Everly
- Pucker up! Nicole Scherzinger shows off her perfectly plump pout at Australia's Got Talent wrap party Party time
- Keanu Reeves pays tribute to Bill and Ted's fictional band Wyld Stallyns as he returns to Los Angeles in bomber jacket dedicated to the group
- Looking a bit ruff, it's La La Land's Emma Stone as a punk Cruella de Vil in the remake of Dalmatians... while Lady and the Tramp stars are also unveiled
- Chloe Ferry and Jack Fincham spark romance rumours as they get cosy during a wild holiday in Ibiza The pair have sparked dating rumours
- Ariel Winter cuts a casual figure in a pink hoodie and VERY short denim hotpants as she steps out for a spot of shopping
- Heidi Klum puts on a leggy display as she saunters through the streets of New York donning short floral dress
- Mariah Carey 'signs lucrative £9million deal to take over from the Spice Girls to become the face of Walkers Crisps'
- Rachel Brosnahan pulls a VERY animated facial expression as she continues to film The Marvelous Mrs. Maisel with co-star Bailey De Young
- Prince Harry 'will attend his ex-girlfriend Cressida Bonas's wedding' while Meghan will be invited but may 'feel less comfortable', it's claimed
- Madison Beer puts on a VERY leggy display in tiny floral mini dress as she enjoys lunch with pals in Malibu
- Quentin Tarantino promotes Once Upon a Time in Hollywood in Tokyo with star Leonardo DiCaprio after it's revealed the director is having his first child
- Coronation Street SPOILER: Eileen Grimshaw cries out in horror as boyfriend Jan Lozinski is SHOT by human trafficker Rachel Healy
- David Beckham shares a smooch with wife Victoria and leaps into the water with daughter Harper as the family soak up the sun on Elton John's yacht
- It's Love Island in breeches... and out of them too! CHRISTOPHER STEVENS reviews raunchy Jane Austen adaptation Sanditon
- Jennifer Lopez rocks retro black pleated pants during dinner with fiancé Alex Rodriguez and friends in West Hollywood
- Kim Kardashian looks radiant in white as she plays the pastor's wife at Kanye's memorial Sunday service in Dayton, Ohio
- Khloe Kardashian is a vision in skintight ruched dress as she steps out solo for lavish lunch in Beverly Hills Khloe was a vision in her cream ensemble
- Camila Cabello sparkles in black leotard and leather jacket on the cover of Wonderland magazine
- Revenge Body: Khloe Kardashian helps mother-daughter duo and bullied mom reshape their lives
- And now for something completely different: Images of unaired Monty Python sketches revealed to mark comedy show's 50th anniversary
- Kim Kardashian's ex-boyfriend Ray J is expecting his second child with wife Princess Love
- Justin Bieber is all smiles as he enjoys a shirtless hike through Runyon Canyon Enjoying the weekend sunshine
- Lucy Mecklenburgh and Ryan Thomas step out together for first time since revealing they are expecting a baby... as mum-to-be shows off her bump
- Flip It Like Disick: Scott Disick loses sleep after general contractor Miki Mor abruptly quits
- Jennifer Lopez wows in head-to-toe leather while Cardi B puts on a show in skintight yellow at Hustlers event
- KISS rock star Gene Simmons scarfs down a hot dog while hanging out with bandmate Paul Stanley for his 70th birthday
- Jessie J dazzles in a white puffball mini dress and sheer ankle boots as she storms the stage in Marbella The Bang Bang singer, 31, looked incredible
- Kristen Stewart goes for grunge-chic in cut-off shorts and a ripped tee during Malibu lunch date with pal Emma Roberts
- Stacey Solomon looks radiant in a white bikini as she cuddles baby Rex after hitting back at trolls who slammed her 'broken family' Cute
- Dwayne Johnson's co-star Emily Blunt says his wedding was so impromptu she couldn't make it: 'I heard about the wedding and about an hour later you were married'
- Heidi Klum proves she's still supermodel material while strutting around New York City in fashionable looks with Naomi Campbell
- Winnie Harlow is a vision in a red snakeskin mini dress as she graces Black Girls Rock awards in New Jersey
- Davina McCall, 51, flaunts her jaw-dropping physique in a mismatched bikini as she shows off her amazing tan in 'shameless' snap
- Missy Elliott tweets out a heartfelt tribute to Aaliyah on the 18th anniversary of her death: 'Your style & music still continues to impact all the generations behind you'
- Brooklyn Beckham, 20, shows he's morphing into father David, 44, as pair flash their numerous tattoos on Elton John's yacht in the South of France
- Love Island's Molly-Mae Hague turns heads in a plunging blazer with extravagant tulle sleeves and leather flares as she heads to brunch
- Simon Cowell continues to show off his 20lbs weight loss as he goes cycling with son Eric, five, and his leggy girlfriend Lauren Silverman
- Vin Diesel welcomes brother of late Paul Walker to set of Fast & Furious 9: 'Always making Pablo proud!'
- Kelly Ripa and husband Mark Consuelos shed happy tears as they send daughter Lola off to college: 'The nest is getting roomy'
- Tom Arnold seen with kids Jax and Quinn for the first time since reports his estranged wife Ashley Arnold had cops perform welfare check on them while visiting dad
- Daisy Ridley puts on a chic display as she joins thrill-seeking Josh Gad and his kids at Disneyland
- Dem Franchize Boyz rapper Gerald 'Buddie' Tiller dies after battling cancer confirms Jermaine Dupri
- Charlize Theron posts rare photo of transgender daughter Jackson as they enjoy a day of apple picking while on vacation Sweet
- Fear The Walking Dead: Morgan James gets pushed to breaking point after Logan taunts him over family
- Ben Foden reveals his children have now met their new step-mum Jackie Belanoff Smith... three weeks after marrying her in secret American wedding
- Kim Kardashian shares sweet photos of herself and daughter Chicago enjoying some quality beach time in the Bahamas Adorable
- The Suicide Squad sequel adds sci-fi favorite Nathan Fillion and comedian Steve Agee to cast The performers join an ensemble cast
- Caroline Flack, 39, hints she's in love with new beau Lewis Burton, 27, as she shares smitten snaps enjoying the Bank Holiday weekend
- Celebs Go Dating: Demi Sims reveals red flags in relationship with Megan Barton Hanson as she claims Love Island star is 'playing' her
- Coleen Rooney 'demands Wayne comes home' after she took her wedding ring off when he was spotted partying with two women on lads' night out
- Tinashe gets decked out in white and blue to sing national anthem at Los Angeles Dodgers baseball game The 26-year-old singer headed out
- Miranda Lambert and husband Brendan McLoughlin look loved up as they celebrate two family milestones in her home state of Texas Smitten
- Tulisa puts on a futuristic display in a luminous yellow visor and a skin-tight PVC catsuit as she delights the crowds at Manchester Pride
- Pixie Lott flashes her underwear in flamenco-style co-ords as she puts on a VERY animated performance at Manchester Pride Loving life
- Reese Witherspoon, 43, and her talent agent husband Jim Toth take their adorable French bulldog out for a walk in Malibu Delightful duo
- Tori Spelling enjoys pool time with son Beau as she vacations in Hawaii after filming the reboot of Beverly Hills 90210 Taking it easy
- Ciara, 33, and Angela Bassett, 61, rock twinning looks as they both don stunning silver gowns to Black Girls Rock 2019
- Vanderpump Rules' Kristen Doute confirms castmate Jax Taylor blocked her on social media: 'Why? NO CLUE'
- Teresa Giudice strips down to her bikini for lavish summer vacation in Mykonos... as husband Joe faces deportation in the US Fun in the sun
- Johnny Galecki hints he may be heading back to TV to reprise his role as David Healy on the Roseanne spin-off The Connors
- Will the hero die in the finale? And will Caroline leave Doctor Enys for her pet pug? Questions we need answering in the last episode of Poldark, by Jim Shelley
- Vogue Williams flaunts her washboard abs in a and dotes on baby son Theodore as she and husband Spencer Matthews holiday in the South of France
- Chris Pratt feels 'really good, really blessed' about married life with Katherine Schwarzenegger: 'I'm lucky' Blessed
- Spain's Queen Letizia pays her first visit to father-in-law King Juan Carlos a day after the former monarch had heart surgery in Madrid The wife of King Felipe
- Jennifer Garner sends a message as she sports Better Together t-shirt while dropping in on ex Ben Affleck The smiling actress looked looked chirpy
- Sofia Richie commands attention in a bedazzled pink catsuit as she lets her hair down for her fun-filled 21st birthday party in Las Vegas
- Wendy Williams and NeNe Leakes both go blonde as they attend hip hop album party in New York City The pair seemed in high spirits
- The Queen brings a splash of colour to proceedings as she joins Kate Middleton and Prince William as they head to a church near Balmoral Castle
- John Legend proves he's a good Instagram husband after wife Chrissy Teigen complains she's always the one taking photos: 'I never have pictures'
- Coleen Rooney is pictured out shopping WITHOUT her wedding ring as it emerges husband Wayne was seen getting in to a lift with a mystery brunette
- Megan Barton Hanson looks worse for wear and struggles to contain her assets as she arrives bleary-eyed to her hotel after a night out at Manchester Pride
- Ryan Thomas' daughter Scarlett is overwhelmed as she discovers he and Lucy Mecklenburgh are expecting their first child .
- Taylor Swift blasts Scott Borchetta for selling her music to 'bully' Scooter Braun: 'He has 300 million reasons to forget those conversations'
- El Camino: A Breaking Bad Movie trailer is unveiled as Aaron Paul praises the Jesse Pinkman spin-off from Netflix One to watch
- Inside the Love Island girls slumber party: Twerking, shisha and plenty of pizza are the order of the day as Anna Vakili throws wild sleepover
- Priyanka Chopra looks runway-ready after stepping off a flight at JFK in chic $1600 patterned jumpsuit Priyanka put on quite the chic display
- Justin Bieber and Hailey Baldwin welcome adorable new kitten, Sushi, into their family... and reveal his many nicknames Adorable
- Lizzo wants to be in the Disney+ Lizzie McGuire reboot and Hilary Duff is totally on-board: 'It's official #LizzoMcGuire' Starring role
- Mel B, 44, goes NUDE in cheeky snap as she brings her pet pooch Cookie into the shower with her Mel B decided to bare all ahead of hitting the stage
- 'Right now is the happiest I've ever been': Patsy Palmer discusses life in Malibu, past drug abuse and working part-time as she prepares to return to EastEnders
- Kanye West holds weekly Sunday Service in Ohio to honor Dayton mass shooting victims - as Kim Kardashian and the rest of the West clan don white outfits
- Millie Mackintosh shows off her abs in an animal print bikini and a giant sun hat as she continues her 19TH holiday in EIGHT MONTHS
- Maura Higgins is accused of looking like a waxwork model by amused fans as she enjoys another night out in London without Curtis Pritchard
- Alessandra Ambrosio turns up the heat in a tie-dye print swimsuit as she enjoys a steamy PDA session with boyfriend Nicolo Oddi on Santa Monica beach
- Bella Thorne dazzles in a tiny black bikini as she and beau Benjamin Mascolo put on a VERY affectionate display during a romantic day at sea in Italy
- Khloe Kardashian praises ex-husband Lamar Odom and calls him 'courageous' for sharing addiction struggles in new memoir
- Chris Brown is expecting a baby boy with ex-girlfriend Ammika Harris... after posting cryptic 'BM' comment on her snap First son
- 'I'm not that strict!' Nicole Scherzinger, 41, reveals her easy-to-follow diet and exercise secrets Toned and trim
- YouTuber PewDiePie reaches 100 MILLION subscribers... days after tying the knot with Marzia Bisognin Capped off a memorable week
- Jessica Biel and Justin Timberlake match in casual chic looks as they enjoy a romantic stroll through NYC Delightful duo
- Angel Has Fallen flies high at the box office as it beats expectations with $21.3 million opening weekend The action drama Is the third in a trilogy
- Meghan Markle and Prince Harry are 'increasingly confused' and must choose between the 'celebrity world or the royal one', royal biographer claims
- Bruce Springsteen, 69, checks out vintage motorcycles as he enjoys some retail therapy in Los Angeles The Born To Run singer went window shopping
- Summer Monteys-Fullam, 24, is in high spirits as she enjoys a day of horse riding with friends following her split from Paul Hollywood, 53
- Vinnie Jones speaks of his 'heavy grief' as he breaks his silence and thanks fans for their support following the death of his wife Tanya from cancer last month
- Rak-Su star Myles Stephenson 'in talks to join I'm A Celebrity... amid claims he cheated on ex-girlfriend Gabby Allen' Making an appearance
- Christiano Ronaldo's girlfriend Georgina Rodriguez admits it's 'not easy' dating someone famous... as she reveals 'it was love at first sight'
- Carnival is coming! Game Of Thrones star Nathalie Emmanuel joins Molly Moorish as they lead the arrivals on day one of Notting Hill Loving life
- Lucy Mecklenburgh is pregnant! Star announces she is expecting first child with Ryan Thomas as she debuts baby bump in sweet snap
- Ciara rocks biker chic look in Elie Saab leopard print as she poses on a black Harley for photo shoot in LA She always looks effortlessly chic
- Love Island winner Amber Gill slips into a blue minidress as she joins the crowds on day one of Notting Hill Carnival Letting her hair down
- Gemma Collins' pal Jonathan Cheban jokes the star 'eats so much she has to be carried out of restaurants'... despite her recent 3st weight loss
- Celebs Go Dating's Megan Barton Hanson reprimanded by furious dating agents as she's caught kissing mystery man NOT on their books
- Kylie Jenner happily joins BFF Sofia Richie on a private jet to Vegas for her 21st... as birthday girl rolls up in new $250K Aston Martin from Scott Disick
- Paul Hollywood's ex-lover Summer Monteys-Fullam, 24, 'has TURNED DOWN £125k to appear on I'm A Celeb because she wants a HIGHER fee'
- Meghan Markle's birthday villa: Duchess and Prince Harry stayed at £108,000 a-WEEK seafront seven-bed mansion in Ibiza with an infinity pool
- Singer Howie Day arrested after 'choking woman and then throwing her to the floor of a Manhattan hotel room' - a year after he was arrested for assault
- Dead Tetra Pak billionaire Hans Rausing's daughter set to marry fiance at his £12million home despite being separated from her parents as a child
- James Bond's Aston Martin makes an appearance in Italy as iconic car sees extras running for safety while driving erratically on the set of No Time To Die
- Bond Girl Ana de Armas transforms into tragic screen legend Marilyn Monroe as she continues filming new biopic Blonde Dressed in character
- 50 Cent continues feud with Wendy Williams calling her a 'monster' and an 'ugly mother f*****' on Instagram Made the mean remarks on Instagram
- Prince Harry is left devastated after his heroic friend who trained him for his South Pole charity trek 'killed himself' aged 37 Tragic
- Wayne Rooney is spotted with a mystery brunette woman after seven hours of partying in Canada while wife Coleen is in England
- Simon Cowell continues to display his incredible 20lbs weight loss as he enjoys a dinner date with girlfriend Lauren Silverman in Malibu
- Dua Lipa and boyfriend Anwar Hadid share a VERY steamy kiss as they treat themselves to ice cream in Malibu ahead of the MTV VMAs
- Rita Ora reveals her honed frame and pert derriere in racy semi-sheer bejewelled bodysuit as she storms the stage in Windsor
- Ashley Roberts holds hands with Strictly star beau Giovanni Pernice as smitten couple put on loved-up display during romantic night out in Soho
- All at sea! Naomi Watts soaks up the sun on Sydney Harbour as she spends an afternoon about a luxury yacht with a group of old friends
- 'My prince': RHOC's Kelly Dodd makes her new romance with Fox News reporter Rick Leventhal Instagram official Happy couple
- Angelina Jolie stuns in black cocktail dress with revealing slit as she talks Maleficent: Mistress Of Evil at D23 Angelina Jolie looked drop dead gorgeous
- Sofia Richie is a bikini-clad bombshell as she kicks off her 21st birthday with Scott Disick and friends in Las Vegas
- Melania Trump and Brigitte Macron lead the G7 wives on a tour of Basque village... but Boris Johnson's girlfriend Carrie Symonds stays home
- Kourtney Kardashian beams in a white sweatshirt and black sweatpants as she takes a walk with her friend in Los Angeles Low key appearance
- Ed Sheeran's Fantastic Four: 'Social anxiety' makes the pop star surround himself with old school friends... and they're all on his payroll
- Mel C, 45, showcases her washboard abs in a sporty black bikini as she soaks up the rays on the beach during family holiday to Mykonos
- Jennifer Lopez flaunts her impossibly toned tummy in a crop top and ripped leggings as she enjoys romantic date night with Alex Rodriguez
- Love Island's Tommy Fury 'filmed appearing to inhale hippy crack from balloon in shock video shot two months before entering villa'
- Alessandra Ambrosio shows off her model physique in a salmon pink bikini as she celebrates daughter Anja's 11th birthday in Santa Monica
- Daisy Ridley is joined by Oscar Isaac and John Boyega as they promote Star Wars: The Rise Of Skywalker at Disney's D23 In attendance
- TALK OF THE TOWN: David Tennant clutches book titled 'Dennis Nilsen - Conversations With Britain's Most Evil Serial Killer' during walk with pregnant wife
- Strictly's Katya and Neil Jones split because the 'intimacy drained from the marriage leading to them no longer having sex'
- Kim Kardashian puts on a sultry front in the Bahamas while posing with sister Khloe and Lala Anthony in sexy bikinis
- Taylor Swift reveals she has security cameras focused on her rear at every one of her meet-and-greets after she was sexually assaulted in 2013
- The Queen joked "'come and look at my lawn, it's ruined' with guests after Donald Trump's helicopters left craters in Buckingham Palace grass"
- Sharon Osbourne learns her dancer mother was arrested for shoplifting at 12 and thrown in jail on Who Do You Think You Are?
- Simon Cowell shows off his 20lbs weight loss as he enjoys family trip to the supermarket with son Eric and partner Lauren Silverman in LA
- Aaron Paul says Breaking Bad fans 'will be really happy' with Jesse Pinkman spin-off El Camino The star was speechless after reading the script
- How dare you talk about all my rum chums! Naomi Campbell claims Mail on Sunday article about her notorious friends was 'distorted'
- Taylor Swift breaks her silence on Harvey Weinstein allegations and her own sexual assault case: 'I believe victims who come forward'
- TALK OF THE TOWN: Is Sarah Ferguson already scouting wedding venues for Princess Beatrice? Indiscreet chauffeur tags Italian villa AND events company
- Taylor Swift says her relationship with Joe Alwyn is 'not up for discussion' to keep her life feeling 'manageable' Her relationship with Joe Alwyn is under wraps
- Made In Chelsea's Maeva is up to her old tricks as Rosi hints she and Jamie HOOKED UP despite his fledgling romance with Habbs in new trailer for season 18
- Kit Harington CONFIRMED for Marvel's Eternals as Disney announce he will play The Black Knight... alongside fellow GOT alum Richard Madden
- Rebecca Romijn and Jerry O'Connell cut casual figures as they take their daughters grocery shopping in Calabasas
- Michelle Keegan flaunts her legs in a cool white summer dress as she enjoys the scorching bank holiday heat in London
- EastEnders SPOILER: Lisa Fowler makes an explosive return to the soap as she reunites with ex Phil Mitchell... 18 years after she shot him
- Jamie Foxx, 51, raves about Sela Vave, 21, calling her the 'next Beyonce'... following news that he's lending his voice to Disney-Pixar's new film Soul
- James Cracknell, 47, CONFIRMS relationship with new girlfriend Jordan Connell as the couple share a kiss... one month after divorce from ex-wife
- Bella Thorne packs on the PDA with boyfriend Benjamin Mascolo as she shows off her toned figure in a tiny tiger-printed bikini on holiday in Italy
- Vanderpump Rules' cast mates Stassi Schroeder, Katie Maloney-Schwartz and Tom Schwartz have a blast snorkeling at the beach in Hawaii
- Olivia Jade cuts a casual figure in an oversize sweatshirt and sweatpants as she steps out of the nail salon After admissions scandal
- Ben Affleck is a doting father as he holds hands with Violet, 10, and Samuel, seven, before squeezing his daughter with a big hug Doting father
- Gabby Allen CONFIRMS split from Rak-Su star Myles Stephenson as she urges fans to offer up information amid claims he was unfaithful to her
- Faye Brookes unveils new purple hair transformation as she leads the Corrie stars at Manchester Pride... following her split from Gareth Gates
- Curtis Pritchard and Maura Higgins spark SPLIT fears among Love Island fans as couple haven't been pictured together in days
- Lucy Mecklenburgh 'reveals she will NOT live with Ryan Thomas once they get married' as the TOWIE star begins her 28th birthday celebrations
- Dua Lipa exhibits her toned frame in tiny crochet bikini as she soaks up the sun on romantic Malibu getaway with new beau Anwar Hadid
- Megan Barton Hanson shows ex Demi Sims what's she's missing in underboob flashing crop-top and fishnet stockings as she attends Manchester Pride
- Una Healy packs on the PDA with boyfriend David Breen as they attend first festival together... three weeks after ex Ben Foden's shock wedding
- I'm still stamping! First-class tribute for Sir Elton John who is set to feature on a new set of stamps to mark his 50 years in showbiz
- TALK OF THE TOWN: Karen Gillan looks nothing like her Avenger's blue-skinned villain Nebula as she dons retro pink bikini on holiday
- 'I was taking bullets pretty much every day of my life': Louise Redknapp shares how trolls left her 'devastated' as they branded her a 'bad mum'
- Disney reveals new Star Wars: The Rise Of Skywalker poster as director J.J. Abrams confirms the late Carrie Fisher will appear as Leia
- Tom Holland finally addresses Spider-Man's exit from the MCU and tells fans 'I love you 3,000!' Broke his silence on Saturday
- Heidi Klum is a supportive rock star wife as she jets out of LAX sporting her husband's band shirt The catwalk queen, 46, looked casually chic
- Tristan Thompson shares heart-melting photo of daughter True bonding with her grandmother 'GiGi and Baby Trueeee,' he captioned the photo
- Emily Blunt is a vision in floral frock alongside Dwayne Johnson as they talk up Jungle Cruise during star-studded Disney's D23 Expo
- Shirley Ballas showcases new shorter hairstyle as TV judge steps out of salon with a sleek bob ahead of the Strictly Come Dancing launch
- Dua Lipa packs on the PDA with Anwar Hadid as they can't keep their hands off each other following the singer's 24th birthday Loved-up
- Kendall Jenner and Hailey Baldwin jet off on private plane as they head out for girls' weekend together Seen loading up a private jet with luggage
- Una Healy packs on the PDA with boyfriend David Breen as they attend first festival together... three weeks after ex Ben Foden's shock wedding
- Jess Glynne showcases her quirky style in black bralet and multicoloured suit as she performs at The Big Feastival
- The Bachelorette's Rachel Lindsay and Bryan Abasolo tie the knot in romantic ceremony in Cancun They said I do!
- Angelina Jolie treats her kids to a trip to Disneyland after dropping son Maddox off at college in South Korea
- Doting dad Bradley Cooper gives daughter Lea a shoulder ride at Disneyland as he shows off new haircut
- BBC Breakfast's Naga Munchetty puts on a VERY leggy display in tiny denim hotpants as she enjoys the sunshine while leaving the studio in Manchester
- Michelle Keegan awkwardly reveals she had JUST MET her Brassic co-star before they filmed raunchy portaloo sex scenes for new comedy
- Black Panther director announces 2022 release date for sequel to the record-breaking superhero film Coogler made the date revelation
- Love Island's Georgia Harrison oozes glamour in slinky mini dress and fuchsia boots as she joins a chic Montana Brown at Madness In The Method screening
- Woody Allen is pictured leaving Jeffrey Epstein's mansion after lavish party in the royal's honor that was also attended by Katie Couric and Chelsea Handler
- Jenna Dewan sports large sunglasses at Pilates class in LA... after romantic Wyoming getaway with Steve Kazee Stepping out
- Heather Rae Young spends day shopping with Tarek El Moussa and his two kids as she reveals Tarek has 'all the qualities' she wants in a future spouse
- Lauren Goodger shows off her VERY peachy posterior in skintight gym leggings and a blue crop top as she steps out in Essex Peachy
- Kourtney Kardashian wows in a low-cut vest top and leather trousers... as her ex Younes Bendjima tries to keep a low-profile during night out in LA
- Kendall Jenner puts on a sizzling display in a skintight black leather catsuit as she joins sisters Kylie and Kourtney for a night out in West Hollywood
- Naomi Campbell looks stylish in a pink and black floral dress as she enjoys a lavish shopping trip in West Hollywood Stylish
- Gerard Butler shows off scruffy beard as he shares a giggle and a hug with pal who looks JUST like girlfriend Morgan Brown
- Louisa Johnson puts on a VERY cheeky display in bejewelled thong during eye-popping performance at Manchester Pride
- FIRST LOOK: Emma Stone is unrecognizable as she turns into evil Cruella de Vil for Disney live action movie Emma Stone was nearly unrecognizable
- Marnie Simpson displays her growing baby bump in a blue camouflage jumpsuit as she packs on the PDA with beau Casey Johnson
- Emma Willis looks unrecognisable in long blonde wig and grey bob as she rocks several bold hairstyles to promote the new series of The Circle
- Elle Fanning is a living gift as she stuns as a pretty pink present at D23 for Maleficent: Mistress Of Evil She was the gift that keeps on giving
- Ed Sheeran kicks off the first of his four homecoming shows in Chantry Park to round off record-breaking Divide world tour... after turning his hometown into a festival venue
- Kate Silverton embraces husband Mike Heron as the couple attend The Big Feastival with their children... five months after he underwent a heart procedure
- Billie Eilish and Charlie XCX put on zestful displays in quirky ensembles as they delight fans at Reading and Leeds Festival 2019

subset: commoncrawl


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Zahi Hawass
About the Author
ZAHI HAWASS is the secretary general of Egypt's Supreme Council of Antiquities and director of the Giza Plateau. He studied archaeology in Egypt and in the United States, earning a Ph.D. from the University of Pennsylvania. He has taught at the American University in Cairo, at UCLA, and at and other universities throughout the world, and he is the author of many books on ancient Egypt, including the bestselling Valley of the Golden Mummies. He was the host of such National Geographic television specials as Open the Lost Tombs and Pyramids Live.


text:
This button was a regalito from my first Spanish teacher, Señora B. She was known for being pretty strict. I can't count how many times I swallowed gum that year upon seeing her fists on her hips, her black cat-eye glasses at the tip of her nose, as she asked, "ReNée, estás masticando chicle en mi clase?"
*gulp* "No, Señora."
You may be wondering who "ReNée" is – that was me. Some classmates had their names automatically translated to Spanish and assigned by the teacher, having no say in the matter at all, but since there is no real equivalent to "Tracy", I was allowed to pick from a list hanging up on the chalkboard. I read over the names multiple times but nothing caught my eye until I came to "Renée" … The only problem? I had accidentally drifted over to the "French Names List".
Señora B informed me that "Renée" when used in Latin America, is for males only, but as a tomboy, that only made me want it more. Señora B relented and let me have it, even turned a blind eye when I insisted on capitalizing the "N" – just because I wanted to. Señora B accepted my need to be different even as she often sighed in exasperation, "Ay, ReNée…"
Other memories from her class: Marching around the perimeter of the room chanting "o! as! a! amos! áis! an!" (The conjugation for "-ar" verbs.) After a few minutes we complained and she told us, "You feel ridiculous, but I promise you'll never forget it, now keep marching." … And 20 years later, I haven't forgotten.
Here is what she wrote in my yearbook, (and at the time I barely understood a word of it):
Señora B was my first Spanish teacher, but she wasn't my last. The next year, and almost until graduation, I had Señora S, and she liked me just as much as Señora B – she even trusted me to help grade papers and tutor other kids, (though I definitely wasn't her top student academically speaking.)
In my Junior year of high school, Señora S, petite but with a fierce sparkle in her eyes, is the one who insisted I go on a group trip to Europe, though I was sure I couldn't afford it. I worked hard at a local restaurant and saved some of the money, but the due date came and I didn't have enough. As usual, my parents bailed me out. Señora then told me that while in Spain there would be an optional day trip to Toledo that would cost extra. Of course I told Señora S that I was going to have to pass on it – She wouldn't hear of it and paid my fee for the trip to Toledo because she didn't want me to miss it.
The trip to Europe included a few cities in Italy, then Vatican City, Monaco, one city in France and then a few cities in Spain, in that order. In Rome, drunk on freedom, I snuck out to a discoteca the first night. While drinking a second Rum & Coke, I chatted with a guy from Mexico.
"¿Tienes una novia?" I asked.
"¿Aquí o en México?" he responded, completely serious. He had no idea why I laughed and found someone else to dance with.
The next day in Florence I got lost and asked a man on the street where my hotel was. It turned out he was quite drunk or crazy, but had an impeccable sense of direction. He escorted me to the hotel but then proceeded to enter the lobby and almost get into a fist fight with the manager. In turn the manager wanted to kick our group out of the hotel. Señora S was not amused. This situation called for much more than a simple "Ay, ReNée." – I almost got sent home, after only a couple days in Europe. Señora S warned me that I better not step a single toe out of line for the rest of the trip. "And don't think I don't know about your fun last night," she whispered.
I behaved for the rest of the trip, (or at least kept my trouble-making less obvious.) Some of the fun Señora S didn't find out about, (or pretended not to know of), included, sitting on people's doorsteps and tricking tourists into thinking I was a local. I bought a scarf at the market and tied it over my head babushka-style. My simple costume paired with pretend broken English, fooled tourists every time. I also got kicked by a palace guard in Monaco for apparently sitting somewhere I wasn't supposed to sit.
By the time we arrived in Spain, I was out of money and surviving on the stale bread and coffee that was our free continental breakfast, (with the occasional sip of Sangria.) My memories of Spain are mostly memories of hunger.
On the final day of our trip I had the luck to enjoy a cup of thick, rich hot chocolate that a friend bought for me just before we got onto the bus. Unfortunately, this wasn't instant hot cocoa like we have here at home, made with water and a packet of chocolate-flavored mix. This was real hot chocolate, made with very real milk.
After so many days of not eating much, the Spanish hot chocolate didn't agree with me. I felt my tummy begin to churn and my cheeks flush. I begged the bus driver to make an unscheduled stop and ran to the restrooms. My moment of relief was fleeting as I entered the actual bathroom and looked at the "toilet"… Here was something even more perplexing than the bidets I had previously encountered – It was a hole in the floor. I was so desperate that I tried to use it, but I had no idea how to do so without making a complete mess. Defeated, I pulled my pants back up, deciding to hold it until we got to our destination and more modern facilities.
Despite all the fun, by the end of our trip, I was definitely ready to go home. All these years later, I reflect back on the impact these teachers had on who I am today, and how profoundly they affected the trajectory of my life, and I smile… en español.


text:
Tom Stephenson and Scott Whittle have created the most innovative and complete guide to warblers available in The Warbler Guide. Maps sometimes seem like an afterthought in bird guides, but as this video makes clear, Scott and Tom have taken care to make the maps as useful as possible by highlighting seasonal differences in ranges and migratory paths.
Click here to learn more about The Warbler Guide. The book will be available July 2013.
For more tips on how to use The Warbler Guide and how to identify warblers in the field, please see additional videos in this series.


text:
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Geysir erupting! © Dieter Schweizer
The weird landscape of the Haukadalur Valley in Iceland's southern lowlands, where hot springs spout and mud pools bubble, has been dominated for centuries by the 'granddaddy' of all geysers, the Great Geysir, from which all other such phenomena around the world have gained their name. The Geysir, once shooting boiling water hundreds of feet into the air, has reduced its performance levels somewhat in modern times but is nevertheless still an impressive sight when it occasionally erupts. The rest of the thermal area, bathed in a sulphuric smell, is just as fascinating, featuring several other spouting vents and geysers which frequently display their prowess. The Geysir area has become a very popular tourist attraction, and a centre has been opened containing a multi-media geology museum and folklore exhibits. There is also a hotel, souvenir shop and restaurant on site.
Address: Geysir Center, Geysir
Website: www.geysircenter.com
Transport: Situated on the Golden Circle tour route, or drive yourself.
Admission: Free


text:
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text:
I have to say that I enjoyed it very much. Even though it's a small sampling of the game, I can already see that it's come a long way. Since it's not that long, I'll just bullet point my likes and dislikes.
- the item system; the game has moved closer to a rogue-like/rpg game
- pre-dungeon preparations
- new sprites (all of which are great)
- new mechanics (cowardly!)
- weaken/corrosion; I don't like negative debuffs that I have to live with for the entire duration of the run, but that's just me
- the desert dungeon doesn't have a desert tileset (I hope this is just because it's a demo)
- some of the classes are still too similar; wizard and sorcerer are too similar, same basic goals: stack MP, burn them down with fireball; sorcerers do auto-attack more, but that's a simple logic switch to make, not really a separate class in my mind
I hope that Gods appear in every dungeon - a lot of these would've been easier had I even some of the worse Gods from the freeware version.
Overall, I'd give it an 8.5/10, and I can conclusively say that that would've been a 9/10 had Gods been in the game. :P
And now back to anxiously awaiting the full version!
EDIT: I really like the dungeon where everything resurrects as a zombie and the boss has three forms.


text:
Anti-microbials will help the immune system combat the viral
infection and help avoid secondary infection
Anti-catarrhals will ease the symptomatic discomfort so characteristic
of this problem. However, avoid trying to `dry up' the overproduction with
herbal de-congestants for the reasons explored elsewhere.
Diaphoretics help with the symptoms of feverishness and support the
body cope with the raised temperature.
Expectorants are called for in one of their varieties if there is
the development of secondary problems in the lower respiratory system.
Lymphatics are indicated if there is any development of swollen glands
or known history of such problems.
Etc. (by now you should know what this means!)
Capsicum spp. (Cayenne)
Allium spp. (Onion and Garlic)
Amoracia spp. (Horseradish)
Brassica spp. (Mustard)
Sambucus nigra (Elder)
Mentha piperita (Peppermint)
Achillea millefolium (Yarrow)
Tilia europaea (Linden)
Echinacea spp. (Echinacea)
Thymus vulgaris (Thyme)
Eucalyptus globus (Eucalyptus)
Allium spp. (Onion and Garlic)
Sambucus nigra
Mentha piperita
Achillea millefolium equal parts of herb. Infuse 1-2 teaspoonfuls to
a cup and drink hot often until the symptoms pass.
Matricaria flowers
Thymus herb
Origanum herb
equal part to 50.0g
1 tablespoon to 0.5l of boiling water
equal part to 50.0g
1 tablespoon to 0.5l of boiling water
1 oz. fresh ginger, sliced,
1 stick of cinnamon, broken,
1 teaspoon coriander seeds,
3 cloves,
1 slice of lemon,
1 pt. water.


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Strong language warning: Foul anonymous Darwinist blogger exposed
The guy had successfully hidden his identity for about five years, while posting all kinds of sexually charged abuse to the Internet, about many people, including me.
He will never be facing any "human rights" charges, but Wendy Sullivan, the Girl on the Right, has officially found out who the mysterious Canadian Cynic is. Here is stuff he has said about me.
He is Robert PJ Day. Small business owner. Computer genius. Well-read book nerd. Anti-creationist debater.A Linux genius, apparently.
Here is part of what Sullivan said, once she traced him:
Outing bloggers isn't usually my thing. I don't see a point to it. But when you repeatedly abuse and demean people because they do not march in lockstep with you, I'm sorry but you deserve it. I am not a cunt, Robert. Nor a douchebag. Neither is Kathy Shaidle, Kate, Connie Fournier, Sandy Crux, Suzanne Fortin or anyone else on the web you don't like.Perhaps not. The thing I know from covering the intelligent design controversy is that a number of people like Cynic give themselves the right to pour obscene contempt and abuse at the public. Obviously, those people are frightened of something.
I am not above strong language and hyperbole, Robert, but I am not beneath you. You are not special. I do not dispute that you are extremely smart and well-versed in your subjects of choice. But referring to to those you feel superior to as "cunts", "wankers", "douchebags", "assholes" and more doesn't make you sound brilliant at all. It makes you sound sad and lonely. It also makes you seem very cowardly, because I know you would never call me a cunt to my face. You would never wander into downtown Toronto and meet with half the people you have insulted - on a one-to-one or at a party - and insult them the way you do behind your chosen alias.
What would your mother say, Robert, if she knew that you referred to a woman older than she probably is as a douchebag? ( I assume that your mother is still with us. If not, I apologize, one orphan to the next. ) Is that how she raised you?He has decided to raise the abuse level last night for me, presumably in response to being outed. The Centre for Inquiry, a secular humanist group, is sponsoring it. Did those people really sit there and listen?
Can you be good without God? I'd never necessarily maintained that you couldn't, but now I am beginning to wonder ....
Apparently, Day proclaimed himself to be "coming out in public" that night. But only because bloggers outed him first.
Sullivan tells me recent posts have featured greatly toned down language. It figures.
Some people have morality. Others rely on avoiding exposure.
(Note: This point caused some confusion over at Uncommon Descent. Wendy Sullivan and I are free speech bloggers. We have never maintained that he did not have the right to say those things. But he was an avatar for five years, so no one even knew where it was coming from. That is a different issue, because it spared him the resulting embarrassment.
Find out why there is an intelligent design controversy:
Labels: Canadian Cynic