Distinguish between direct application and indirect application of the bill of rights
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ScanSolve AI Answer
Let's distinguish these, Lamine.
Direct application means the Bill of Rights directly applies to and binds the state (government) and its organs. This occurs when the state's actions infringe upon a fundamental right, making the state directly accountable under the Bill of Rights.
Indirect application means the Bill of Rights influences the interpretation and development of common law and legislation, even in disputes between private parties. Courts must interpret existing laws and develop new legal principles in a way that promotes the spirit, purport, and objects of the Bill of Rights, ensuring its values permeate the entire legal system.
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