International records / OpenAlex research

Limiting Rights or Testing Limits? The Constitutional Paradox of Legislative Criminalisation of Fundamental Rights

The two major constitutional legislative procedures for controlling unbridled exercise of rights are the civil limitation and criminalisation of such actions.Legislatures employ these same modalities when they rely on constitutional limitation clause to limit fundamental constitutional rights.The objective of this paper is to interrogate legislative criminalisation of fundamental constitutional rights as a tool for the limitation of fundamental constitutional rights of persons.The methodology is doctrinal.Among other things, this paper will show that the constitutional basis for any criminalis…