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CHAPTER 2—BILL OF RIGHTS
Application
6.—(1) This Chapter binds the legislative, executive and judicial branches of
government at all levels, and every person performing the functions of any public office.
(2) The State and every person holding public office must respect, protect, promote
and fulfil the rights and freedoms recognised in this Chapter.
(3) A provision of this Chapter binds a natural or legal person, taking into account—
(a) the nature of the right or freedom recognised in that provision; and
(b) the nature of any restraint or duty imposed by that provision.
(4) A legal person has the rights and freedoms recognised in this Chapter, to the extent
required by the nature of the right or freedom, and the nature of the particular legal person.
(5) The rights and freedoms set out in this Chapter apply according to their tenor
and may be limited by—
(a) limitations expressly prescribed, authorised or permitted (whether by or
under a written law) in relation to a particular right or freedom in this
Chapter;
(b) limitations prescribed or set out in, or authorised or permitted by, other
provisions of this Constitution; or
(c) limitations which are not expressly set out or authorised (whether by or
under a written law) in relation to a particular right or freedom in this
Chapter, but which are necessary and are prescribed by a law or provided
under a law or authorised or permitted by a law or by actions taken under
the authority of a law.
(6) Subject to the provisions of this Constitution, this Chapter applies to all laws
in force at the commencement of this Constitution.
(7) Subject to the provisions of this Constitution, laws made, and administrative
and judicial actions taken, after the commencement of this Constitution, are subject to
the provisions of this Chapter.
(8) To the extent that it is capable of doing so, this Chapter extends to things done
or actions taken outside Fiji.
Interpretation of this Chapter
7.—(1) In addition to complying with section 3, when interpreting and applying
this Chapter, a court, tribunal or other authority—
(a) must promote the values that underlie a democratic society based on human
dignity, equality and freedom; and