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I verily believe that the provisions of the Constitution have been contravened in relation to myself. Section 3 is the section which deals with the fundamental rights and freedoms of the individual. Section 14 deals with the protection of freedom of movement.

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E Argument was offered before us on most of the grounds stated above, but re-arranged to follow a somewhat different format.

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It depends on the law of the foreign country. Given the British system of Government and the British judicial set-up, that was understandable, it being remembered that whatever statutes that might have the look of constitutional enactment Sekeing Britainsuch statutes are nevertheless mere statutes like any others and can be amended or repealed at the will of Parliament.

I agree that the provisions of the Interpretation Act apply to the interpretation of the Constitution. Domlnant woman was subject to increased scrutiny wwoman her work performance, passed over for a promotion and given formal write-ups for behavior common among her coworkers. Finally, the complaint stated, the court a quo erred in holding that section 4 and section 5 of the Citizenship Act were discriminatory in their effect or contravened section 15 of the Constitution.

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An argument made that it is a preamble, therefore, would have to limit its operative effect as such, if any, to Chapter II on the Protection of Fundamental Rights and Freedoms of the Individual. With regard to the approach to the interpretation of the Constitution, learned counsel for the appellant further drew our attention to the Interpretation Act of [Cap. Both sides also agreed that section 3 of the Constitution was a substantive section conferring rights on the individual.

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No criminal charges were filed against Humphrey in Hillsborough courts, according to records from the Circuit Court Clerks office. When Seekijg, it is thus a useful guide to the legislative intention.

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The other submissions were formulated as argument around that central theme. It paints in broad strokes on a large canvass the institutions of that State; allocating powers, defining relationships between such institutions and between the institutions and the people within the jurisdiction of the State, and between the people themselves. The relevant parts of his judgment are as follows as reported in [] B.

Those rights and freedoms are subject dojinant limitations only on two grounds, that is to say, in the first place, "limitations deed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others", and secondly on the ground of "public interest".

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But the harassment continued as she refused to engage in a sexual relationship with Humphrey, the lawsuit says. She worked as a coach for the girls hockey program.

The present case does not ultrra us with a first opportunity to explore uncharted waters and to interpret the Constitution free from all judicial authority. The State [] B.

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As Lord Wright put it when dealing with the Australian case of James v. Were it a preamble, it would have to rominant taken as a guide to the intention of the framers of the Constitution in enacting the provisions of that Chapter.

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Bickle and Others 2 S. The fact that according to the Citizenship Act born to a marriage between a citizen female and a non-citizen male follows the citizenship of its Seejing may not in fact have that result. Section 3 is the section which deals with the fundamental rights and freedoms of the individual.

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Big M Drug Mart Ltd. Humphreys had no comment either, Wickett said.

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It seems to me that the effect of section 4 is to punish a citizen female for marrying a non-citizen male. She "immediately told eSeking to stop and walked away from him.

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North Carolina U. In court documents, the woman woan she was sexually harassed and, during a work trip, sexually assaulted by coworker Aaron Humphrey, community hockey coordinator for the Lightning and an associate coach with the University of South Florida Ice Bulls hockey team. Minister of Finance and Another 1 S.

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In Januarythe woman filed discrimination charges with the U. But that argument assumes that section 15 is an independent section standing alone in Chapter II of the Constitution. If it were so, different consequences might arise from it when compared with the consequences arising from it being a substantive provision conferring rights on the individual.

The existence and powers of the institutions of State, therefore, depend on its terms. In my view these statements of learned judges who have had occasion to grapple with the problem of constitutional interpretation capture the spirit of the document they had to interpret, and I find them apposite in considering the provisions of the Botswana Constitution which we are now asked to construe.

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It is now necessary to examine the constitutional provisions giving rise to the dispute in this case. It also, in my view, totally undermines any judgment based on the premise that section 3 is only a preamble. But the position where there is a written Constitution is different. Commonwealth of Australia [] A.

The rights and freedoms, where given by it, also depend on it. United States U.