Study Theme 8: Application

Question 1

What do we ask ourselves when it comes to application:

Answer 1

• To what extent does a certain right apply under particular circumstances
• To what extent doe this right apply to a class of persons
• Which people are excluded under a right
• Which people are included under a right

Question 2

Horizontal application

Answer 2

where parties to a dispute are enforcing rights in the bill of rights against one another, usually private parties but sometimes the state

Question 3

Vertical application

Answer 3

this is the state exercising its duty to uphold rights in the bill of rights

Question 4

Section 19 of the Constitution:

Answer 4

every citizen is free to make political choices which includes the right to:
* Form a political party
* Participate in the activities of the party and recruit members for the party
* To campaign for the party or cause

Question 5

To whom does Section 19 of the Constitution apply to:

Answer 5

Citizens – Adult Citizens, non-adult citizens, employed citizens, unemployed citizens.

Question 6

Section 23 of the Constitution:

Answer 6

everyone has the right to fair labour practices

Question 7

To whom does Section 23 of the Constitution apply to:

Answer 7

• Citizen employees/employers, Non-citizen employees/employers,
• What about those employees engaged in illegal work and those employers engaged in illegal work?
• It does, is there anything in the provision that suggests it doesn’t
• Kylie case: Prostitution