Question

Describe fundamental role of section 39 of the constitution

Answer 1

Explanation:

Section 39(2) of the Constitution of the Republic of South Africa, 1996 directs that when any legislation is interpreted, the result must be a construction that promotes 'the spirit, purport and objects of the Bill of Rights'. The Constitution omits defining the contours of this phrase.

Answer 2

Explanation:

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what is section 39?

Section 39 in The Indian Penal Code. 39. “Voluntarily”. —A person is said to cause an effect “voluntarily” when he causes it by means whereby he intended to cause it, or by means which, at the time of employing those means, he knew or had reason to believe to be likely to cause it.

Fundamental role:-

Section 39(1) reads: “When interpreting the Bill of Rights, a court, tribunal or forum ¬– (a) must promote the values that underlie an open and democratic society based on human dignity, equality and freedom; (b) must consider international law; and (c) may consider foreign law”.

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