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Section 36: Limitations on Rights

The rights in the Bill of Rights can be limited if this is reasonable and justifiable in an open and democratic society that is based on human dignity, equality and freedom.

These are the factors that a person or court must take into account if a right is to be limited:

  • The nature of the right
  • The importance of the purpose of limiting the right
  • How much the right will be limited
  • The relation between the limitation and its purpose
  • Whether there are better ways to achieve the same purpose

(See: Conflicts in Rights)