Common law Quote by Pius Langa
““The difference between the past and the present is that individual freedom and security no longer fall to be protected solely through the D vehicle of common-law maxims and presumptions which may be altered or repealed by statute, but are now protected by entrenched constitutional provisions which neither the Legislature nor the Executive may abridge. It would accordingly be improper for us to hold constitutional a system which, as Sachs J has noted, confers on creditors the power to consign the person of an impecunious debtor to prison at will and without the interposition at the crucial time of a judicial officer.””
About This Quote
Source Speech: Judicial Conference, South Africa, 1995
The quote argues that modern constitutions safeguard individual liberty and security through entrenched provisions, limiting legislative and executive power, and criticizes a system that allows creditors to imprison debtors without judicial oversight.
In simple terms: Constitution protects freedoms, not just common law; creditors shouldn't imprison debtors alone.
Key Takeaway
Ensure debtor protections include judicial review.
Themes
law
human rights
constitutional law
justice
Mood
serious
critical
Type
legal
analytical
When to use this quote
- court rulings
- legislative drafting
- debt collection practices
- human rights advocacy
Key Concepts
separation of powers
due process
debtor rights
Questions to Reflect On
- How can courts balance creditor rights with debtor protections?
- What safeguards prevent abuse of debtor imprisonment?
A Different Perspective
May overlook practical enforcement challenges in debt recovery.
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