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User:Htonl/bill of rights rewrite

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Rights

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The rights enumerated in the chapter are:

Application

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The Bill of Rights has both "vertical" application, protecting the individual against government action, and "horizontal" application, protecting the individual against actions of other private parties. As the government draws its authority and legitimacy from the Constitution, it is naturally subject to its provisions, including the Bill of Rights. This is provided for by section 8(1), which states that "The Bill of Rights applies to all law, and binds the legislature, the executive, the judiciary and all organs of state." This includes all three spheres of government: national, provincial and municipal. The term "organ of state", which is defined elsewhere in the Constitution, also includes any organisation which exercises a function in terms of the constitution or legislation.

Private parties are also bound by the Bill of Rights, but to a lesser extent; section 8(2) states that "A provision of the Bill of Rights binds a natural or a juristic person if, and to the extent that, it is applicable, taking into account the nature of the right and the nature of any duty imposed by the right."

The Bill of rights is applied in two different ways: "direct", in which laws and actions are tested against the provisions of the Bill of Rights; and "indirect", in which the values of the Bill of Rights are applied to develop or interpret statutory law and common law. The applicability of the bill is subject to limitations of place and time, and limitations on who may benefit from the rights; in particular certain rights are available only to citizens, and juristic persons do not have the full spectrum of rights that apply to natural persons.

Enforcement

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Jurisdiction and standing. Ripeness and mootness. Remedies.

Interpretation

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Purposive and generous interpretation. "Open and democratic society." International and foreign law.

Limitations

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General limitation clause. Specific limitations. States of emergency.