20. Application of Bill of Rights
Official Constitutional Text
20. (1) The Bill of Rights applies to all law and binds all State organs and all persons.
(2) Every person shall enjoy the rights and fundamental freedoms in the Bill of Rights to the greatest extent consistent with the nature of the right or fundamental freedom.
(3) In applying a provision of the Bill of Rights, a court shall—
(a) develop the law to the extent that it does not give effect to a right or fundamental freedom; and
(b) adopt the interpretation that most favours the enforcement of a right or fundamental freedom.
(4) In interpreting the Bill of Rights, a court, tribunal or other authority shall promote—
(a) the values that underlie an open and democratic society based on human dignity, equality, equity and freedom; and
(b) the spirit, purport and objects of the Bill of Rights.
(5) In applying any right under Article 43, if the State claims that it does not have the resources to implement the right, a court, tribunal or other authority shall be guided by the following principles—
(a) it is the responsibility of the State to show that the resources are not available;
(b) in allocating resources, the State shall give priority to ensuring the widest possible enjoyment of the right or fundamental freedom having regard to prevailing circumstances, including the vulnerability of particular groups or individuals; and
(c) the court, tribunal or other authority may not interfere with a decision by a State organ concerning the allocation of available resources, solely on the basis that it would have reached a different conclusion.
Plain English Explanation
This is a simplified summary prepared by legal scholars to explain this article in clear language. It is not the legal text of the Constitution.
This article explains how the Bill of Rights should be applied in practice.
Key points:
- The Bill of Rights applies to all laws and binds all government bodies and all persons.
- Courts must interpret laws in a way that best protects human rights.
- When the government claims it lacks resources to fulfil rights (especially under Article 43), it must prove it, and courts must consider the most vulnerable groups.
Related Information
- Relevant to: Bill of Rights, Fundamental Freedoms