PART III. – BASIC PRINCIPLES OF GOVERNMENT.
Division 3. – Basic Rights.
Subdivision C. – Qualified Rights.
39. “REASONABLY JUSTIFIABLE IN A DEMOCRATIC SOCIETY”, ETC.
(3) For the purposes of determining whether or not any law, matter or thing is reasonably justified in a democratic society that has a proper regard for the rights and dignity of mankind, a court may have regard to–
(a) the provisions of this Constitution generally, and especially the National Goals and Directive Principles and the Basic Social Obligations ; and
(b) the Charter of the United Nations ; and
(c) the Universal Declaration of Human Rights and any other declaration, recommendation or decision of the General Assembly of the United Nations concerning human rights and fundamental freedoms ; and
(d) the European Convention for the Protection of Human Rights and Fundamental Freedoms and the Protocols thereto, and any other international conventions, agreements or declarations concerning human rights and fundamental freedoms ; and
(e) judgements, reports and opinions of the International Court of Justice, the European Commission of Human Rights, the European Court of Human Rights and other international courts and tribunals dealing with human rights and fundamental freedoms ; and
(f) previous laws, practices and judicial decisions and opinions in the country ; and
(g) laws, practices and judicial decisions and opinions in other countries ; and
(h) the Final Report of the pre-Independence Constitutional Planning Committee dated 13 August 1974 and presented to the pre-Independence House of Assembly on 16 August 1974, as affected by decisions of that House on the report and by decisions of the Constituent Assembly on the draft of this Constitution ; and
(i) declarations by the International Commission of Jurists and other similar organizations ; and
(j) any other material that the court considers relevant.
EDIT.