W/S 2 - RIGHTS AND INTERPRETIVE PRINCIPLES

1. What is the relationship between constitutional supremacy and a rights’ discussion?

2. Explain the interpretative process of rights’ interpretation versus rights’ limitation/derogation?
3. What is the difference between literal, generous interpretation?
4. What is the difference between interpretation and divination?
5. Does international law have any legitimate place in a constitutional rights’ discussion?
6. What does it mean to have a positive and negative elements of a right?
7. Explain the concept of “irreducible minimum content”.

Overarching Concept: Supremacy of the Constitution (Collymore v AG/ Boyce et al v R)

Generous interpretation of rights (Fisher) and narrow interpretation of derogations (AG v Coard)

LIVING INSTRUMENT Approaches to Interpretation Positive and Negative

Liberties
(R v Mitchell Lewis/
Puttaswamy v UOI) (Velasquez Rodriguez)

Irreducible Minimum
International Law and Interpretation NOT Content
Domestic Law Divination
(AG v Richardson/ BISL v AG)
(Joseph and Boyce v AG) (Matadeen v Pointu)

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