Constitutional Law Concepts Quiz
57 Questions
0 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is the primary role of Chapter 9 Institutions?

  • Supporting military operations
  • Contributing to accountable government and monitoring the government (correct)
  • Influencing foreign policy
  • Creating and enforcing legislation

    • Which section of the Constitution establishes Chapter 9 Institutions?

  • Section 27
  • Section 181 (correct)
  • Section 9
  • Section 35

    • What is the nature of Chapter 9 Institutions?

  • Independent and impartial bodies (correct)
  • Government-controlled entities
  • For-profit organizations
  • Political party affiliates

    • What is the limitation of the power of Chapter 9 Institutions?

    <p>They do not have the power to review and set aside legislation or the actions of the executive</p> Signup and view all the answers

    What does Section 15 establish about South Africa?

    <p>It does not establish South Africa as a secular state</p> Signup and view all the answers

    What is the requirement for religious observances at state institutions?

    <p>They must follow rules and be voluntary</p> Signup and view all the answers

    How does legislation handle marriages and family law from different traditions or religions?

    <p>Legislation can recognize marriages and family law from different traditions or religions</p> Signup and view all the answers

    What does the notion of reasonable accommodation allow for?

    <p>Positive measures to accommodate religious beliefs</p> Signup and view all the answers

    Why is corporal punishment prohibited?

    <p>To protect other interests in the bill of rights</p> Signup and view all the answers

    What must schools ensure regarding students' right to religion?

    <p>All students can exercise their right to religion equally</p> Signup and view all the answers

    What does the constitutional right to freedom of expression include?

    <p>Freedom of press and media</p> Signup and view all the answers

    How is the advocacy of hatred based on race, ethnicity, gender, or religion limited?

    <p>It is limited</p> Signup and view all the answers

    What privilege do members of parliament have in parliamentary proceedings?

    <p>Absolute privilege</p> Signup and view all the answers

    What obligations does the state have regarding socio-economic rights?

    <p>Positive and negative obligations to respect, protect, promote, and fulfill socio-economic rights</p> Signup and view all the answers

    What value does socio-economic rights litigation have?

    <p>It has value</p> Signup and view all the answers

    What is the main function of the South African Human Rights Commission?

    <p>Promoting respect for human rights and monitoring their observance</p> Signup and view all the answers

    Under which section of the Constitution is the Commission for Gender Equality established?

    <p>Section 187</p> Signup and view all the answers

    What are the powers of the Commission for the Promotion and Protection of the Rights of Cultural and Linguistic Communities?

    <p>Monitoring, investigating, researching, educating, and advising on these rights</p> Signup and view all the answers

    What is the main function of the Electoral Commission?

    <p>Managing elections and ensuring they are free and fair</p> Signup and view all the answers

    Under which section of the Constitution is the Public Protector established?

    <p>Section 182</p> Signup and view all the answers

    What can the Public Protector's findings lead to?

    <p>Binding remedial action</p> Signup and view all the answers

    How are appointments to these institutions made?

    <p>By the President on recommendation from the national assembly</p> Signup and view all the answers

    For what reasons can members of these institutions be removed?

    <p>Misconduct, incapacity, or incompetence, or by a resolution adopted by the national assembly</p> Signup and view all the answers

    What is the main function of the Commission for the Promotion and Protection of the Rights of Cultural and Linguistic Communities?

    <p>Promoting respect for the rights of cultural, religious, and linguistic communities</p> Signup and view all the answers

    What is the main function of the Commission for Gender Equality?

    <p>Promoting respect for gender equality and monitoring gender equality issues</p> Signup and view all the answers

    What is the main function of the South African Human Rights Commission?

    <p>Promoting respect for human rights and monitoring their observance</p> Signup and view all the answers

    What are the powers of the South African Human Rights Commission?

    <p>Investigating and reporting on human rights violations</p> Signup and view all the answers

    What does standing regulate under section 38 of the Constitution?

    <p>The ability for individuals to approach the court if their rights in the Bill of Rights are infringed</p> Signup and view all the answers

    Who are Amicus Curiae in the context of constitutional law?

    <p>Friends of the court who assist with information or arguments</p> Signup and view all the answers

    What does ripeness focus on in constitutional law?

    <p>The timing of a matter when it is brought to court</p> Signup and view all the answers

    What does mootness refer to in the context of bringing a matter to court?

    <p>The redundancy in bringing a matter to court if it could be solved without court intervention or if there would be no practical effect of the court's decision</p> Signup and view all the answers

    How many stages does constitutional litigation consist of?

    <p>Three stages: procedural, substantive, and remedy</p> Signup and view all the answers

    What does the right to equality encompass?

    <p>Formal equality, restitutionary or corrective equality, and substantive equality</p> Signup and view all the answers

    Which sections of the Constitution establish formal equality, promote substantive equality, and prohibit unfair discrimination?

    <p>Section 9(1), 9(2), and 9(3)</p> Signup and view all the answers

    What does the test for unfair discrimination involve?

    <p>A two-stage analysis: determining if discrimination occurred and then assessing whether it is unfair</p> Signup and view all the answers

    What does Section 15 of the Constitution guarantee everyone?

    <p>The right to freedom of religion, conscience, thought, belief, and opinion</p> Signup and view all the answers

    What is the purpose of Section 38 of the Constitution?

    <p>To allow anyone to approach a competent court for the enforcement of rights</p> Signup and view all the answers

    What does Section 172(1) of the Constitution allow for?

    <p>Severance of parts of a law that are inconsistent with the constitution</p> Signup and view all the answers

    What is the significance of Section 167(6) of the Constitution?

    <p>It allows for direct access to the Constitutional Court in the interests of justice</p> Signup and view all the answers

    What is the role of the High Court, Supreme Court of Appeal, or court of a similar status in making an order of Constitutional invalidity?

    <p>They can make an order of Constitutional invalidity</p> Signup and view all the answers

    What is the purpose of severance in the context of Constitutional invalidity?

    <p>To remove parts of a law that are inconsistent with the constitution</p> Signup and view all the answers

    What does Section 167(6) of the Constitution allow for?

    <p>Direct access to the Constitutional Court in the interests of justice</p> Signup and view all the answers

    What is the main function of Section 172(1) of the Constitution?

    <p>To allow for severance of parts of a law that are inconsistent with the constitution</p> Signup and view all the answers

    What is the purpose of Section 38 of the Constitution?

    <p>To allow anyone to approach a competent court for the enforcement of rights</p> Signup and view all the answers

    What is the significance of Section 167(6) of the Constitution?

    <p>It allows for direct access to the Constitutional Court in the interests of justice</p> Signup and view all the answers

    What did the Court order in Minister of Health and Others v Treatment Action Campaign case?

    <p>Remove the restriction on the prescription and use of nevirapine</p> Signup and view all the answers

    In Soobramoney v Minister of Health, why was Mr. Soobramoney denied the service of dialysis?

    <p>The state lacked resources to provide the service</p> Signup and view all the answers

    What does Section 38 of the Constitution provide for?

    <p>Enforcement of rights</p> Signup and view all the answers

    Which courts have the authority to make orders concerning Constitutional invalidity?

    <p>High Court, Supreme Court of Appeal, and Constitutional Court</p> Signup and view all the answers

    What is the purpose of severance in the context of Constitutional invalidity?

    <p>To remove parts of a law that are inconsistent with the constitution</p> Signup and view all the answers

    What does Section 167(6) of the Constitution provide for?

    <p>Direct access to the Constitutional Court</p> Signup and view all the answers

    What is the purpose of Reading-in in the context of Constitutional invalidity?

    <p>To add words to a provision to make it constitutionally permissible</p> Signup and view all the answers

    What does Section 172(1) of the Constitution provide for?

    <p>Invalidity of a law inconsistent with the constitution</p> Signup and view all the answers

    What is the purpose of Section 172(2)(a) of the Constitution?

    <p>To allow a High Court to make an order of Constitutional invalidity</p> Signup and view all the answers

    What is the significance of the realisation of socio-economic rights in South Africa?

    <p>They are interrelated with other rights in the Constitution</p> Signup and view all the answers

    What is the competence of the court in the context of enforcement of rights?

    <p>The court must have the requisite jurisdiction to decide on the matter</p> Signup and view all the answers

    What is the purpose of a Confirmation of Constitutional invalidity?

    <p>A form of appropriate relief</p> Signup and view all the answers

    Study Notes

    Constitutional Law Key Concepts

    • Standing is regulated under section 38 of the Constitution, allowing individuals to approach the court if their rights in the Bill of Rights are infringed.
    • The person approaching the court must demonstrate their interest in the matter, acting on their own behalf, on behalf of others, in the public interest, or as part of a group or class action.
    • Amicus Curiae are friends of the court, not parties to the proceedings, who assist the court with information or arguments.
    • Ripeness in constitutional law focuses on the timing of a matter when it is brought to court, requiring an actual dispute and exhaustion of internal remedies for cases involving the same organization.
    • Mootness refers to the redundancy in bringing a matter to court if it could be solved without court intervention or if there would be no practical effect of the court's decision.
    • Constitutional litigation consists of three stages: procedural, substantive, and remedy, determining who can go to court, the scope of rights, and the court's ability to remedy infringements.
    • The right to equality encompasses formal equality, restitutionary or corrective equality, and substantive equality, with direct and indirect discrimination being important distinctions.
    • Section 9(1), 9(2), and 9(3) of the constitution are paramount, establishing formal equality, promoting substantive equality, and prohibiting unfair discrimination.
    • The test for unfair discrimination involves a two-stage analysis: determining if discrimination occurred and then assessing whether it is unfair.
    • Section 15 of the Constitution guarantees everyone the right to freedom of religion, conscience, thought, belief, and opinion.

    Studying That Suits You

    Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

    Quiz Team

    Related Documents

    State Institutions Supporting Constitutional Democracy PDF

    Description

    Test your knowledge of key concepts in constitutional law with this quiz. Explore topics such as standing, ripeness, mootness, equality, and freedom of religion guaranteed under specific sections of the constitution. Delve into the stages of constitutional litigation and the nuances of unfair discrimination.

    More Like This

    Use Quizgecko on...
    Browser
    Open
    Browser
    Browser