ABSTRACT

The premise behind the adoption of Bills of Rights all over the world is that citizens can never be fully assured of the safety of their fundamental civil and political rights unless those rights are afforded protection from State interference. It is thought that such protection can be achieved by enshrining a number of rights in a Bill of Rights, affording it some constitutional protection and entrusting it-in effect-to the judiciary on the basis that a government cannot be expected to keep a satisfactory check on itself; only a source of power independent of it can do so. Democracies across the world that have adopted a Bill or Charter of Rights have entrusted its application largely to the judiciary on the basis that among such sources of power, they are best placed to ensure the delivery of the rights to citizens. Dworkin has argued that under a Bill of Rights, a government is not free to treat liberty as a commodity of convenience or to ignore rights that the nation is under a moral duty to respect.1