What does section 39 of the Constitution provide?
Asked by: Pauline Balistreri | Last update: January 31, 2026Score: 5/5 (46 votes)
Section 39 of a constitution varies by country, but commonly relates to interpretation of rights, economic policy, or legislative powers; for instance, South Africa's Section 39 mandates courts consider international and foreign law when interpreting the Bill of Rights, while India's Article 39 (part of Directive Principles) focuses on equitable resource distribution and worker protection, and other constitutions (like Kentucky's) detail legislative branch powers over its own proceedings and contempt.
What is Section 39 of the Constitution?
39. Interpretation of Bill of Rights. (1)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.
What does section 39 of the Constitution provide studocu?
Section 39 of the Constitution provides for the promotion of the spirit and purport of the Bill of Rights when interpreting legislation. This means that when courts interpret legislation, they must consider and give effect to the fundamental rights and freedoms enshrined in the Bill of Rights.
What does article 39 mean?
The provisions of Article 39 deals with the distribution of resources, economic equity and protection of workers and children. The objective of the article is to create a welfare state and ensure that the actions of the State promote fairness and safeguard the rights of the vulnerable groups.
What is section 39 of the 1999 Constitution?
Section 39 of the constitution which guarantees the right to freedom of expression provides as follows: Every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impact ideas and information without interference.
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How is section 39 enforced?
The enforcement power granted by Section 39 can be a useful means to effect corrective action in institutions that have significant operational problems. The FDIC may request an institution to submit a compliance plan that describes the steps the institution will take to correct identified deficiencies.
What is the Article 39 F Amendment?
-In article 39 of the Constitution, for clause (f), the following clause shall be substituted, namely:- "(f) that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and ...
Why is Article 39 important?
Article 39
The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security.
What is the 39th Constitutional Amendment Act?
The 39th Constitutional Amendment was passed, inserting Article 329A to prevent judicial scrutiny of elections of the Prime Minister and Speaker. This amendment attempted to remove Supreme Court jurisdiction in her ongoing case. The amendment's constitutional validity itself became a major issue before the Court.
Does the US Constitution contain 39 articles in its Bill of Rights?
The United States Bill of Rights comprises the first ten amendments to the United States Constitution. It was proposed following the often bitter 1787–88 debate over the ratification of the Constitution and written to address the objections raised by Anti-Federalists.
What is the effect of Section 39 2 of the Constitution?
Section 39(2) merely indicates an outcome that, as a minimum, an interpretive exercise or legal development must satisfy in order to pass constitutional muster. That outcome is the promotion of 'the spirit, purport and objects of the Bill of Rights'.
Which sentence below most accurately describes the effect of section 39 of the Constitution?
The correct answer is option c. When interpreting the Bill of Rights, section 39 of the Constitution allows a court, tribunal, or forum to promote the values that underlie an open and democratic society based on human dignity, equality, and freedom.
What does Article 39A of the Constitution provide for?
Article 39A is a highly significant article, which provides a right to seek legal aid. It also states that it is the duty of the state to secure that right and the need to provide free legal aid at reasonable rates.
What is Article 39 of the Charter of Fundamental Rights?
Article 39 - Right to vote and to stand as a candidate at elections to the European Parliament. 1. Every citizen of the Union has the right to vote and to stand as a candidate at elections to the European Parliament in the Member State in which he or she resides, under the same conditions as nationals of that State. 2.
How does rule 39 relate to human rights?
The project derives its name from Rule 39 of the Rules of the European Court of Human Rights (ECtHR), a provision allowing applicants to seek interim relief in case of imminent risk of irreparable damage to human rights. Rule 39 requests are typically used by NGOs to: Stop collective pushbacks of asylum seekers.
What is Article 39 B and C in simple words?
Article 39(b) places an obligation on the state to create policy towards securing “the ownership and control of the material resources of the community are so distributed as best to subserve the common good”. Article 39(c) ensures that wealth and the means of production are not “concentrated” to the “common detriment”.
What is section 39a?
The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied.
What is the 39 3 of the Constitution?
(3) The state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth.
What is the legacy of the 39th Amendment?
The Amendment took away the power of the Supreme Court to try electoral disputes concerning the President and Vice-President and vested this power in a separate body (to be formed later). It also granted the Prime Minister immunity from the electoral laws applicable prior to the amendment.
What rights does Article 39 guarantee?
Article 39. No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgment of his equals or by the law of the land.
Who did clause 39 apply to?
Clause 39 stated that no free man could be imprisoned 'except by the lawful judgment of his peers' – social equals – 'or by the law of the land'. This evolved into the principle of trial by jury, which was later confirmed in the Habeas Corpus Act 1679.
What does clause 39 mean?
Of enduring importance to people appealing to the charter over the last 800 years are the famous clauses 39 and 40: “No free man shall be seized, imprisoned, dispossessed, outlawed, exiled or ruined in any way, nor in any way proceeded against, except by the lawful judgement of his peers and the law of the land.
What powers were given to the President?
veto bills and sign bills. represent our nation in talks with foreign countries. enforce the laws that Congress passes. act as Commander-in-Chief during a war.
What are the key principles in Article 39?
“The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security.”
What is the F 1 Amendment?
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.