CONFIDENTIAL
Persons bound by the Bill of Rights
A paper is needed concerning the effect of binding,
or not binding, persons other than the Government by the
Bill of Rights. The following analyses are needed.
1.
The effect of clause 7 of the White Bill
Each article of the draft Bill should be analysed to
reveal the extent to which and ways in which it will
bind persons other than the Government. For example
(a) would article 16 of the 3ill prevent an
employer from being able to enforce a
contractual prohibition against criticising
the Government?
(2)
does article 11 apply to private prosecutions?
(c) what remedies would be available and appropriate
against a private individual who breached
an article (e.g. in some cases it might be
tort damages, in others the exclusion of
evidence improperly obtained by him).
Of particular interest are articles 14 and 23.
CONFIDENTIAL