Abstract

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 criminalisation regime is not just the constitutional legislative power to legislate on any aspect of fundamental constitutional right matters. It is also legislatures' constitutional legislative power to legislate on the least crucial aspect of a fundamental constitutional right that must be operative. Upon further finding that this crucial aspect of fundamental constitutional right matter is inoperative, the paper recommends that courts and legislatures exculpate themselves from this constitutional legislative anomie.