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required for a society that is said to respect individual rights and liberties, the
Constitution also explicitly prohibits any law that contains a provision that is

discriminatory on the grounds specified in paragraph 3 of Section 27 of the
Constitution. Procedurally, the Constitution emphasizes in several places that any
20
legislative proposal that will likely affect individual rights and liberties is required
to be enacted according to a proper procedure as provided by law. The underlying
21
principles of procedural law is to ensure that the enactment of the law, especially
those with potential adverse effects to the people or the ultimate sovereign right

holders, has been carried out with clarity, publicity, generality , rationality,
22
stability and prospectivity of the norms that govern the society at the time. 23

Building on the general constitutional principles particularly the
procedural aspect of the rule of law, the second component of the Constitution that

promotes public participation concerns the requirement of stakeholder consultation
in both pre- and post-legislative drafting process. The Government is
24
constitutionally obliged to seek feedback from individuals or private actors whose
interests may be adversely affected by legislations or regulatory measures being

20. Unjust discrimination on the following grounds is in breach of the Constitution: origin, race, language,
sex, age, disability, physical or health condition, personal status, economic and social standing,
religious belief, or political view.
21. For instance, while the Constitution provides for the community the right to manage, maintain, and utilize
natural resources, environment, and biodiversity, it also lays down a general principle that the management
must be carried out in a balanced and sustainable manner in accordance with the procedures as provided
by law. Section 43(2), the Constitution.
22. The said legislative proposal shall be of general application and thus refrains from having prejudice
against any particular case or person. Paragraph 2, Section 26, the Constitution.
23. See generally, Jeremy Waldron, “The Rule of Law and the Importance of Procedure”, Nomos, Vol.50,

Getting to the Rule of Law, 2011, at 3-31.
24. Paragraph 2, Section 77, the Constitution.

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