Van der Westhuizen J in De Lange v Presiding Bishop of the Methodist Church of Southern Africa for the time being (CCT223/14)  ZACC 35 (24 November 2015) at para .
Is it contradictory to say that the Constitution does have a role to play in every sphere, but that we do not want a court to intrude into private spaces with the bluntness of its orders? After all, the Constitution is law; we mostly want law to be enforceable; enforcement is important for the rule of law, because unenforceable law can hardly “rule”. The Constitution is more than law, however. It is the legal and moral framework within which we have agreed to live. It also not only leaves, but guarantees space to exercise our diverse cultures and religions and express freely our likes, dislikes and choices, as equals with human dignity. In this sense one could perhaps talk about a “constitutionally permitted free space”. This is quite different from contending that certain areas in a constitutional democracy are beyond the reach of the Constitution, or “constitution-free”.