What is Section 39 of the Constitution?
Asked by: Janae Rath | Last update: June 1, 2026Score: 4.3/5 (48 votes)
Section 39 of a constitution varies significantly by country, but commonly deals with fundamental rights, often freedom of expression (Nigeria) or rules for interpreting the Bill of Rights (South Africa), guiding courts to uphold democratic values like human dignity, equality, and freedom, while sometimes touching on state powers or administrative details (like labor law in the U.S. Longshore and Harbor Workers' Compensation Act).
What does section 39 of the Constitution provide?
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 is the Article 39 of the Constitution?
Article 39 of the Indian Constitution
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 material abandonment.
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.
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.
INTERPRETING THE SOUTH AFRICAN BILL OF RIGHTS / SECTION 39 IN ACTION/ LLB EXAM PREP
What are the three crimes mentioned in the Constitution?
Consider: The Constitution itself identifies only three federal crimes - piracy, counterfeiting, and treason. When the First Congress enacted the original Crimes Act in 1790, it stipulated only 17 federal crimes.
Was South Africa segregated before Apartheid?
Racial segregation and white supremacy had become central aspects of South African policy long before Apartheid started.
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 does the Constitution say about land ownership?
The Fifth Amendment of the U.S. Constitution provides that "[n]o person shall be ... deprived of life, liberty or property without due process of law; nor shall private property be taken for public use, without just compensation."
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?
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.
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.
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.
Does the Bill of Rights apply to non-citizens?
Yes. Under the U.S. Constitution and laws, due process requires just and fair treatment of everyone, regardless of background or immigration status, if their life, freedom, or property is at risk. This includes having the opportunity to defend their rights in court.
Who opposed the 39th Amendment?
While the case was being considered, the 39th Amendment to the Constitution of India was passed, stripping Supreme Court of its authority over the case. Its validity was challenged in cross-objections raised by Raj Narain in the second appeal, Civil Appeal No. 909 of 1975.
Who are the rightful owners of the land in America?
The "rightful owners" of America is a complex question with legal, historical, and philosophical answers, but legally, the land belongs to the People of the United States, a collective entity represented by citizens who hold sovereignty through their government, while historically and morally, Indigenous peoples were the original inhabitants, with tribal nations retaining inherent rights and lands, complicated by colonization and treaty violations.
Did the founding fathers put God in the Constitution?
No, the Founding Fathers did not put God in the U.S. Constitution; the document is notably silent on God and religion, a deliberate choice reflecting a consensus on separating church and state, though the Declaration of Independence did mention a Creator and the Articles of Confederation used "Great Governor of the World," while the Constitution includes a "Year of our Lord" in its date and bars religious tests for office in Article VI and the First Amendment protects religious freedom.
Can the president overturn a Supreme Court ruling?
No, the President cannot directly overturn a Supreme Court decision; only the Court itself, through a new ruling, or a Constitutional amendment can nullify a decision, though a President can use executive actions, appointments, or influence legislation to challenge or work around rulings over time, with the courts ultimately checking executive power. The President's role is to enforce laws, not interpret them, and they are bound by judicial rulings, even if they disagree.
What is the meaning of Section 39?
Section 39. ''Voluntarily''. Previous Next. 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. Illustration.
What is Section 39 of the Criminal Justice Act?
Section 39 of the Criminal Justice Act 1988 provides:- Common. assault and battery shall be summary offences and a person guilty of either of them shall be liable to a fine not exceeding level 5 on the standard scale, to imprisonment for a term not exceeding six months, or to both.
How does section 39 affect businesses?
Carryback And Carryforward Of Unused Credits. a business credit carryforward to each of the 20 taxable years following the unused credit year, and, subject to the limitations imposed by subsections (b) and (c), shall be taken into account under the provisions of section 38(a) in the manner provided in section 38(a).
Where did the whites in South Africa come from?
Whites comprise about 14% of the population. They are primarily descendants of Dutch, French, English, and German settlers who began arriving at the Cape in the late 17th century. Coloreds are mixed race people, primarily descending from the earliest settlers and the indigenous peoples.
How did the Boers treat the Africans?
Extraordinarily badly. They were founded on white supremacism in the purest sense possible and although they allied with some black South African forces to fight others, they did their best to reduce indigenous peoples to a powerless underclass and instituted precursors to 20th-century apartheid.
What happened in 1984 in South Africa?
In October 1984 the apartheid state responded to the Vaal unrest and the almost total boycott of the coloured and Indian elections by sending 7000 South African Defence Force (SADF) troops into the black townships of the Vaal to crush the uprising. They named this 'Operation Palmiet.