ABSTRACT
Over the last few decades, public and political perceptions about the dangers posed by non-communicable diseases ('NCDs') have shifted dramatically, leading to increased regulation of products that contribute to ill health. A constitutional perspective of the regulation of tobacco, alcohol and unhealthy foodstuffs invites reflection on the nature of 'constitutionalism'. From a constitutional law perspective, the 'right to property', including intellectual property rights, is a fundamental human right. Non-communicable diseases and the regulatory approach to their common risk factors raise a myriad of questions of relevance to constitutional law. The unsuccessful constitutional challenge to the Tobacco Products Control Act 1993 is likely to have given the government confidence that such public health regulations will not be found to be unconstitutional by the South African judiciary. In the UK, constitutional changes over the last 20 years have led the courts to apply a more demanding level of scrutiny.
