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حقوق::
حقوق پیشبینی شده در قانون اساسی
19 This is particularly so in the context of constitutional rights determination, but also in the law of delict, for example, in the tests for wrongfulness, legal causation as well as negligence.
These include morality;''9 the administration of justice;60 the interests of the community and social or economic expedience;61 the necessity for doing simple justice between contracting parties;62 the interests of the state, or of justice, or of the public;63 the free exercise by persons of their common law rights;64 and the concept of ubuntu.65 In the context of restraints of trade, the courts go so far as to consider the conflicting substantive interests of the parties when deciding whether to enforce a restraint.66 Since the advent of the Constitution, the courts have also explicitly recognised the relevance of constitutional rights, such as the rights to have access healthcare and to seek judicial redress, to the public policy analysis.67 These rights, like their common-law cousins, also fall within the 'basket' of potentially relevant policy considerations.68
68 See my discussion below of the distinctive roles of constitutional values and constitutional rights in the public policy analysis.
(iii) The difference between constitutional values and constitutional rights
In light of the potential for confusion around the application of constitutional values and constitutional rights in the public policy analysis, some brief commentary on their differing roles in the analysis is perhaps necessary.
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