-65Scott v. Scott [1913] AC 417 at p 477, to remit the maintenance of a constitutional right to the region of discretion is to shift the foundations “from the rock to the sand”. Other benefits 183. Then the Government places some reliance such other welfare benefits as a needy person who is excluded from the CSSA scheme for want of 7 years’ residence, and who fails to obtain a discretionary waiver, might be able to obtain. But since CSSA is designed to meet basic needs, what can such other benefits really do, even if obtained, in the absence of CSSA? Charity 184. And then the Government places some reliance on such charity as such a person may be able to obtain. As to that sort of argument, there is the decision of the South African Constitutional Court in the case of Khosa v. Minister of Social Development 2004 (6) 505. At para. 80 Mokgoro J spoke of the likely impact on a group of persons excluded from the constitutional right to social security. He said that such exclusion “is likely to have a severe impact on the dignity of the persons concerned, who, unable to sustain themselves, have to turn to others to enable them to meet the necessities of life and are thus cast in the role of supplicants”. That reflects the classic view. In the concluding section of the chapter on “Rights, Freedoms and Social Policies” of his book Hong Kong’s New Constitutional Order, 2nd ed (1997) (Hong Kong University Press), Professor Yash Ghai quotes (at p.454) Alexis de Tocqueville’s statement that: “There is nothing which, generally speaking, elevates and sustains the human spirit more than the idea of rights. There is something great and virile in the idea of rights which removes from any request its suppliant character, and places the one who claims it on the same level as the one who grants it.”