Answer to Question #203116 in Law for tetelo

Question

which sentence below is the most accurately describes the effect of section 39 of the constitution?

(1) When interpreting the Bill of Rights a court, tribunal or forum must consider foreign law.

(2) When interpreting the Bill of Rights, a court, tribunal or forum may consider international law.

(3) When interpreting the Bill of Rights, a court, tribunal or forum must promote the spirit, purport and objects thereof.

(4) When interpreting the Bill of Rights, a court, tribunal or forum may promote the values that underlie an open and democratic society based on human dignity, equality and freedom.

Answer 1

(1) When interpreting the Bill of Rights a court, tribunal or forum must consider foreign law.