The Bill of Rights applies to all laws. It must be followed by all branches of government and all government bodies. This means it must be followed by:

• The legislatures (bodies that make laws)
• The executive (bodies that carry out the laws)
• The judiciary (the courts)

(See: The Separation of Powers)

Vertical and Horizontal Application of the Bill of Rights

The Bill of Rights applies to all matters between citizens and the government. This means it applies in a vertical way between government and citizens. It protects citizens from things done to them by the government.

The Bill of Rights also works in a horizontal way. This means it applies to matters between ordinary people. It protects people from things done to them by other people.

Examples:

1. A restaurant owner says men must wear a jacket and tie in his restaurant. He puts Peter out of his restaurant when he takes off his jacket and tie. Peter complains that he has a right to dress however he likes. The restaurant owner says it is his property and he has a right to put people out if he doesn’t like what they are doing.

2. The same restaurant owner also refuses to allow women to come into his restaurant. He says his restaurant is only for males. Shanaaz comes into the restaurant for a meal. He tells her to leave. She complains and says he is discriminating against her because she is a woman. The restaurant owner says it is his right to do what he likes with his property.

In both these examples each person has rights. The question is, whose rights are more important in the circumstances and whose rights should be protected? The Bill of Rights protects people from having their rights abused by another person (in other words, it works in a horizontal way) but sometimes it is difficult to know whose rights are more important in each case. Ultimately, it will be up to the courts to decide whose rights should be protected.