Judgment No CCZ 8/16 24 Const. Application No CCZ 48/15 advancing rather than diminishing fundamental rights and construing existing laws in conformity with that objective in a manner that is expressly sanctioned by para 10 of the Sixth Schedule to the Constitution. To conclude on this aspect, it is clear that the impugned provisions of the Prisons Act operate to deprive whole life prisoners of the equal protection and benefit of the law. Furthermore, by excluding them from the possibility of release, they also violate their rights to human dignity and freedom from inhuman and degrading treatment or punishment. In principle, this would entail the invalidation of all the offending provisions. However, in order to avoid the complete and total nullification of these provisions, I take the view that Part XX of the Prisons Act should be construed and applied in conformity with the Constitution, by extending the scope of their coverage to all prisoners, including prisoners sentenced to life imprisonment. In adopting this approach, I am alive to the critical consideration that it appears to involve judicial encroachment into the legislative domain of Parliament, in disregard of the time-honoured doctrine of the separation of powers. Nevertheless, it seems to me perfectly possible to obviate this apparent conflict by applying the broad remedial powers conferred upon the courts in constitutional matters. I refer in particular to s 175(6) of the Constitution which provides that: “(6) When deciding a constitutional matter within its jurisdiction a court may— (a) declare that any law or conduct that is inconsistent with the Constitution is invalid to the extent of the inconsistency; (b) make any order that is just and equitable, including an order limiting the retrospective effect of the declaration of invalidity and an order