The state must not interfere with someone who is exercising a constitutionally protected right.

Means of achieving

the purpose of a limitation are less invasive

of constitutional rights

The interpretation of a provision that best supports and protects the core values that underpin an open and democratic society based on human dignity, equality and freedom.

The starting point of interpreting the Bill of

Rights in the first stage of inquiry is the text itself.

The court is prevented from deciding on an issue too early, when it could, for example, be decided on by means of a criminal or civil case and should not be made into a constitutional issue.

Refers to the application of the Bill of Rights to a dispute between private parties where the constitutionality of legislation is not at issue.

Means that only one court has jurisdiction to decide a particular issue, to the exclusion of all other courts

Rather than finding law or conduct unconstitutional and providing a constitutional remedy ( a declaration of invalidity), a court applies ordinary law, but interprets or develops it with reference to the values in the Bill of Rights.