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9 | Interpretation of Chapter 3 (Bill of Rights)

National Constitutional Assembly (NCA) Draft Constitution (2001)
  1. When interpreting this Chapter, a court, tribunal, forum or body must-
    1. give full effect to the rights and freedoms set out in this Chapter;
    2. promote the values that underlie an open and democratic society based on human dignity, equality and freedom and in particular, the values set out in Section 1.
    3. take into account international law, treaties and conventions;
    4. consider relevant foreign law interpreting international law, treaties and conventions; in addition to considering all other relevant factors that are to be taken into account in the interpretation of an enactment such as a Constitution.
  2. When interpreting a written law, and when developing the common law or traditional customary law, every court, tribunal and forum must be guided by the spirit and objects of this Chapter.
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