Bill of Rights Application
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Questions and Answers

What is required for the Bill of Rights to apply directly to a legal dispute?

  • A right of a beneficiary has been infringed by a person or entity.
  • The dispute falls within the national territory and period of operation of the Bill of Rights.
  • All of the above, including the duty of the person or entity not to infringe the right. (correct)
  • The Bill of Rights has imposed the duty not to infringe the right.

    • What is the primary function of the Bill of Rights in indirect application?

  • To override ordinary law and generate its own remedies.
  • To further the values of the Bill of Rights through ordinary law. (correct)
  • To impose punishments on those who infringe rights.
  • To provide an alternative to ordinary legal remedies.

    • What is generated by the Bill of Rights in direct application?

  • Ordinary legal remedies.
  • Its own remedies to supplement ordinary law. (correct)
  • Punishments for those who infringe rights.
  • Values that must be respected by ordinary law.

    • What is the significance of the distinction between direct and indirect application under the 1996 Constitution?

    <p>It has little significance compared to the interim Constitution.</p> Signup and view all the answers

    What is established by the Constitution and the Bill of Rights?

    <p>An objective normative value system.</p> Signup and view all the answers

    In which type of application does the Bill of Rights override ordinary law?

    <p>Direct application.</p> Signup and view all the answers

    What is required for the Bill of Rights to further its values through ordinary law?

    <p>Ordinary law must be developed, interpreted, and applied in a way that conforms to the Bill of Rights.</p> Signup and view all the answers

    What is the methodology applicable in direct rights litigation?

    <p>A special methodology for direct rights litigation.</p> Signup and view all the answers

    Study Notes

    Direct and Indirect Application of the Bill of Rights

    • The Bill of Rights applies directly to a legal dispute when a right of a beneficiary is infringed by a person or entity with a duty not to infringe the right, during the period of operation, and within the national territory.
    • The Bill of Rights may apply indirectly when one or more of the direct application elements are not present, requiring all law to be developed, interpreted, and applied in a way that conforms to the Bill of Rights.

    Indirect Application

    • Indirect application establishes an 'objective normative value system', a set of values that must be respected when interpreting, developing, or applying common law or legislation.
    • The Bill of Rights does not override ordinary law or generate its own remedies when indirectly applied.
    • Instead, it demands furtherance of its values through the operation of ordinary law, respecting the rules and remedies of ordinary law.

    Direct Application

    • When the Bill of Rights applies directly, it overrides ordinary law and any conduct inconsistent with it.
    • The Bill of Rights generates its own remedies when ordinary legal remedies are inadequate or do not give proper effect to fundamental rights.
    • The methodology for direct rights litigation is applicable in direct application cases.

    Significance of the Distinction

    • The distinction between direct and indirect application was decisive under the interim Constitution.
    • The 1996 Constitution reduced the significance of this distinction due to changes in jurisdictional and application schemes.
    • However, the distinction continues to play a role in constitutional litigation, with important consequences for the form of application.

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    Description

    Understanding the direct and indirect application of the Bill of Rights in legal disputes, including its scope, limitations, and territorial application.

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