Constitution and State Power Quiz
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Constitution and State Power Quiz

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Questions and Answers

What is the primary role of a Constitution in relation to state power?

  • To grant unlimited authority to the executive branch
  • To establish and constrain the exercise of state power (correct)
  • To restrict state power completely
  • To allow any action by the state as long as it's popular

    • Parliamentary supremacy allows the legislature to create any law without limitation.

    True

    Name the three independent arms of state established under the principle of separation of powers.

    Executive, Legislature, Judiciary

    Under apartheid, South Africa followed a system of parliamentary __________.

    <p>sovereignty</p> Signup and view all the answers

    Match the functions with the corresponding arms of state:

    <p>Executive = Empowered to enforce law Legislature = Empowered to make laws Judiciary = Empowered to interpret laws</p> Signup and view all the answers

    What is the rationale behind the separation of powers?

    <p>To distribute power and ensure mutual accountability</p> Signup and view all the answers

    The judiciary can remove legislators who are guilty of gross misconduct.

    <p>False</p> Signup and view all the answers

    What happens if a state exceeds the bounds of its Constitution?

    <p>Its conduct becomes legally invalid</p> Signup and view all the answers

    What must the President do upon the adoption of a resolution calling for a judge's removal?

    <p>Remove the judge from office</p> Signup and view all the answers

    The Judicial Service Commission includes only judges and lawyers.

    <p>False</p> Signup and view all the answers

    What does Section 177(2) relate to?

    <p>Incompetence or gross misconduct of judges.</p> Signup and view all the answers

    The Chief Justice serves as the ______ of the Judicial Service Commission.

    <p>presiding officer</p> Signup and view all the answers

    Match the following roles with their corresponding entities in the Judicial Service Commission:

    <p>Chief Justice = Presiding Officer Judges President = Court Management Two Practicing Advocates = Legal Representation Six Persons designated by the National Assembly = Political Appointees</p> Signup and view all the answers

    What is one role of the Judicial Service Commission according to Section 178?

    <p>Overseeing judicial appointments and removals</p> Signup and view all the answers

    Members designated by the NCOP serve indefinitely without replacements.

    <p>False</p> Signup and view all the answers

    How many practicing attorneys are part of the Judicial Service Commission's composition?

    <p>Two</p> Signup and view all the answers

    What was deemed inconsistent with the Constitution and invalid according to the Judges' Remuneration and Conditions of Employment Act?

    <p>Section 8(a)</p> Signup and view all the answers

    The President can unilaterally extend the term of office of the Chief Justice under any circumstances.

    <p>False</p> Signup and view all the answers

    What must happen for a judge to be removed from office according to section 177(2)?

    <p>The National Assembly must adopt a resolution calling for the judge's removal.</p> Signup and view all the answers

    Under section 177(3), the President may suspend a judge who is subject to a procedure in terms of subsection (1) on the advice of the ______.

    <p>Judicial Service Commission</p> Signup and view all the answers

    What action does the JSC take if a judge is found guilty of gross misconduct?

    <p>Recommends the judge's removal</p> Signup and view all the answers

    The case Hlophe v Judicial Service Commission and Others resulted in the judge being exonerated of all charges.

    <p>False</p> Signup and view all the answers

    What is the majority vote of the JSC regarding Hlophe JP's actions?

    <p>8-4</p> Signup and view all the answers

    Match the following sections to their corresponding procedures:

    <p>Section 177(1)(a) = Grounds for removal due to incapacity or gross misconduct Section 177(1)(b) = Removal resolution by the National Assembly Section 177(2) = Presidential removal based on Assembly resolution Section 177(3) = Suspension of judge on JSC's advice</p> Signup and view all the answers

    What is the maximum term of office for a Constitutional Court judge?

    <p>12 years or until age 70</p> Signup and view all the answers

    Judges' salaries may be reduced to avoid corruption.

    <p>False</p> Signup and view all the answers

    What is the reason for judges being well-paid?

    <p>To reduce the likelihood of corruption and bribes.</p> Signup and view all the answers

    A Constitutional Court judge's term of office can be extended by an Act of __________.

    <p>Parliament</p> Signup and view all the answers

    Match the following cases with their significance.

    <p>Justice Alliance of South Africa v President of the Republic of South Africa = Challenge to extension of Chief Justice's term Freedom Under Law v President of the Republic of South Africa = Challenge to extension of Chief Justice's term Centre for Applied Legal Studies v President of Republic of South Africa = Challenge to extension of Chief Justice's term</p> Signup and view all the answers

    At what age must a Constitutional Court judge cease to hold office if not extended?

    <p>70</p> Signup and view all the answers

    All judges serve under the same guidelines regarding terms and salary adjustments.

    <p>False</p> Signup and view all the answers

    Judges' salaries cannot be __________ to prevent corruption.

    <p>reduced</p> Signup and view all the answers

    Which of the following Bills was NOT mentioned in the application made by Doctors for Life?

    <p>The Mental Health Care Bill</p> Signup and view all the answers

    Doctors for Life alleged that Parliament fulfilled its constitutional obligation adequately.

    <p>False</p> Signup and view all the answers

    What organization brought the application challenging the validity of certain Bills?

    <p>Doctors for Life</p> Signup and view all the answers

    The _________ Court is the only court that could hear the application made by Doctors for Life.

    <p>Constitutional</p> Signup and view all the answers

    What process did Doctors for Life claim was inadequately followed by the National Council of Provinces?

    <p>Public consultation</p> Signup and view all the answers

    Match the following Bills with their respective focus areas:

    <p>The Sterilization Amendment Bill = Health issues regarding sterilization The Traditional Health Practitioners Bill = Regulation of traditional health practices The Choice on Termination of Pregnancy Amendment Bill = Abortion regulations The Dental Technicians Amendment Bill = Regulation of dental technician practices</p> Signup and view all the answers

    The respondent claimed that they did not comply with their duties to facilitate public involvement.

    <p>False</p> Signup and view all the answers

    What specific aspect of the legislative process did Doctors for Life focus its complaint on?

    <p>The process followed by the National Council of Provinces</p> Signup and view all the answers

    What is the main requirement for the Commission's composition under Section 186?

    <p>It must be broadly representative of diverse cultural and religious groups.</p> Signup and view all the answers

    The Commission is required to consist of an equal number of male and female members.

    <p>False</p> Signup and view all the answers

    What incident led to the intervention of the Commission regarding initiates in Limpopo?

    <p>292 initiates suffered complications due to initiation-related circumcision.</p> Signup and view all the answers

    According to Section 185(4), the Commission has additional powers and functions prescribed by __________.

    <p>national legislation</p> Signup and view all the answers

    What was the reported health issue faced by initiates during the initiation season in Limpopo?

    <p>Complications from circumcision surgery.</p> Signup and view all the answers

    The complaint regarding the initiation injuries was filed before the initiation season of 2022.

    <p>True</p> Signup and view all the answers

    How many young men were admitted to hospitals due to complications from circumcision in Limpopo?

    <p>292</p> Signup and view all the answers

    Study Notes

    PBL 220 Exam Notes 2024

    • Theme 1: The Judiciary

      • The judiciary refers to the courts of South Africa.
      • Section 165 of the Constitution vests judicial authority in the courts and states that the courts are independent.
      • Section 166 of the Constitution outlines the judicial system, including the Constitutional Court, Supreme Court of Appeal, and High Court.
      • A chief justice may serve at the Constitutional Court for a period of 12 years plus minimum 3 years at another court, or a straight 15-year period; the president can extend terms.
      • Section 176 of the Constitution lays out the terms of office and remuneration for judges.
      • The Constitutional Court legally recognizes Muslim marriages, declaring sections of the Marriage Act and Divorce Act unconstitutional.
      • Courts have no force on constitutionality until the Constitutional Court confirms their rulings.
      • The Public Protector impeachment inquiry has proceeded despite the Public Protector's recission bid.
      • Section 194 outlines the process for removing the Public Protector, Auditor General, or members.

    • Judicial Authority

      • Consider the mechanical application of the law.
      • Consider transformative constitutionalism and judicial transformation.
      • Consider how decolonization affects the South African judiciary.
      • Examine the structure of the South African judicial system.
      • Understand the concept of constitutional supremacy, where the Constitution is the supreme law of the republic.
      • The Constitution constrains state power. State conduct outside constitutional bounds is invalid.

    • Parliamentary Supremacy

      • Constitutional supremacy is contrasted with parliamentary sovereignty, where the legislature holds supreme law-making power.

    • Separation of Powers

      • This divides power among the executive, legislative, and judiciary branches of government.

    • Transformative Constitutionalism

      • This emphasizes substantive equality and justice, empowering previously marginalized communities.
      • It prioritizes socioeconomic rights and minimizes procedural technicalities.

    • Judicial Transformation

      • Section 174(2) mandates that the judiciary reflects South Africa's racial and gender composition, particularly important given the prior dominance of white males in the pre-democratic era.
      • Focuses on understanding how colonization has influenced South Africa’s customary law and the way it is viewed, particularly through instances where traditional customs are upgraded but frozen out of their current context.

    • Judicial Authority: Section 165 of the Constitution

      • The judiciary's role is legal adjudication.
      • Courts exercise judicial functions including interpreting the law and resolving disputes.
      • Courts make law in a secondary sense through their interpretations of legal disputes and by applying the law to specific cases.

    • Constitutional Court: Section 167 of the Constitution

    • Section 165 outlines the structure and roles of the Constitutional Court within the Judiciary of South Africa.

    • Supreme Court of Appeal: Section 168 of the Constitution

    • Section 168 of the Constitution deals with the structure and function of this court, which acts as a final court of appeal for certain matters.

    • High Court: Section 169 of the Constitution

      • The High Court acts as a court of first instance and appeals court.
      • It comprises different divisions based in certain geographical locations.

    • Magistrates Court: Section 170 of the Constitution

    • Section 170 designates jurisdiction powers to lower Magistrates court in terms of national legislation for any matters decided by an Act of parliament.

    • Note the restrictions in specific cases of constitutionality.

    • Section 167 of the Constitution: Introduces the Head of State as the Chief Justice, with various judicial officers playing supporting roles in the constitutional justice system of South Africa.

    • Theme 2: Appointment of Judges

      • This theme covers the appointment, terms, and removal procedures for judicial officers in the South African court system. This includes detailing pertinent legislation.

    • Section 174(Appointment of Judicial Officers): Explains the criteria for appointing judicial officers; details who can be so appointed and their qualifications.

    • Section 175 (Appointment of Acting Judges): Defines how acting judges are appointed in different courts

    • Section 176 (Terms of Office and Remuneration): Outlines the terms of office for judicial officers, including the non-renewable term limitations.

    • Section 177 (Removal of Judges): Describes the grounds for removing a judge from office and the procedure involved in impeachment.

    • Section 178 (Judicial Service Commission): Provides specifics on that particular body's structures, composition, and powers for appointing and removing judges from office.

    • Section 180 (National Legislation and Administration of Justice): Details the specific legislation and administration of justice related to the matters concerned, including judicial appointments.

    • Case Study Analysis: Presents real-world examples or cases to illustrate the application of these sections in practical legal situations.

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    PBL 220 Exam Notes 2024 PDF

    Description

    Test your knowledge on the role of the Constitution in relation to state power and the principles of separation of powers. This quiz covers essential aspects such as parliamentary supremacy, functions of state arms, and the Judicial Service Commission. Delve into key terms and concepts essential for understanding governance and legal frameworks.

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