Podcast
Questions and Answers
What are the Chapter 9 Institutions designed to support and strengthen?
What are the Chapter 9 Institutions designed to support and strengthen?
Constitutional Democracy.
What are the primary roles of Chapter 9 Institutions?
What are the primary roles of Chapter 9 Institutions?
Contributing to accountable government/monitoring the government and transforming South Africa into a society in which social justice prevails.
What is the nature of Chapter 9 Institutions as per the text?
What is the nature of Chapter 9 Institutions as per the text?
They are independent and impartial bodies, established to safeguard and promote democracy.
Do Chapter 9 Institutions have the power to review and set aside legislation or the actions of the executive?
Do Chapter 9 Institutions have the power to review and set aside legislation or the actions of the executive?
Which South African institution is responsible for promoting respect for human rights and monitoring their observance?
Which South African institution is responsible for promoting respect for human rights and monitoring their observance?
What are the functions of the Commission for Gender Equality in South Africa?
What are the functions of the Commission for Gender Equality in South Africa?
What powers does the Commission for Gender Equality have?
What powers does the Commission for Gender Equality have?
Under which section of the Constitution was the Commission for the Promotion and Protection of the Rights of Cultural and Linguistic Communities established?
Under which section of the Constitution was the Commission for the Promotion and Protection of the Rights of Cultural and Linguistic Communities established?
What are the functions of the Commission for the Promotion and Protection of the Rights of Cultural and Linguistic Communities?
What are the functions of the Commission for the Promotion and Protection of the Rights of Cultural and Linguistic Communities?
What powers does the Electoral Commission have?
What powers does the Electoral Commission have?
What is the role of the Public Protector in South Africa?
What is the role of the Public Protector in South Africa?
How are appointments to these South African institutions made?
How are appointments to these South African institutions made?
For what reasons can members of these institutions be removed?
For what reasons can members of these institutions be removed?
What kind of violations can the South African Human Rights Commission investigate and report on?
What kind of violations can the South African Human Rights Commission investigate and report on?
What is the main responsibility of the Electoral Commission in South Africa?
What is the main responsibility of the Electoral Commission in South Africa?
Under which section of the Constitution was the Public Protector established?
Under which section of the Constitution was the Public Protector established?
What are socio-economic rights in South Africa's Constitutional regime?
What are socio-economic rights in South Africa's Constitutional regime?
What does Section 38 of the Constitution provide for?
What does Section 38 of the Constitution provide for?
What does a 'competent court' refer to?
What does a 'competent court' refer to?
What additional mechanisms were offered by the Constitution in 2012?
What additional mechanisms were offered by the Constitution in 2012?
What is a Confirmation of Constitutional invalidity?
What is a Confirmation of Constitutional invalidity?
What does Section 172(1) of the Constitution provide for?
What does Section 172(1) of the Constitution provide for?
How are courts empowered to make orders that are just and equitable?
How are courts empowered to make orders that are just and equitable?
What is 'Reading-in' in the context of Constitutional law?
What is 'Reading-in' in the context of Constitutional law?
Why are Reading-in and Severance considered preferable approaches?
Why are Reading-in and Severance considered preferable approaches?
Which courts can make an order of Constitutional invalidity?
Which courts can make an order of Constitutional invalidity?
When does an order of Constitutional invalidity lack force?
When does an order of Constitutional invalidity lack force?
What is the significance of socio-economic rights in South Africa's Constitutional regime?
What is the significance of socio-economic rights in South Africa's Constitutional regime?
What does Section 15 of the South African Constitution not establish the country as?
What does Section 15 of the South African Constitution not establish the country as?
What must religious observances at state institutions follow and be?
What must religious observances at state institutions follow and be?
Can legislation recognize marriages and family law from different traditions or religions in South Africa?
Can legislation recognize marriages and family law from different traditions or religions in South Africa?
How is the right to religious observance interrelated with other rights in the Constitution?
How is the right to religious observance interrelated with other rights in the Constitution?
What does the notion of reasonable accommodation allow for in relation to religious beliefs?
What does the notion of reasonable accommodation allow for in relation to religious beliefs?
Why is corporal punishment prohibited in South Africa?
Why is corporal punishment prohibited in South Africa?
What must schools ensure for all students in relation to their right to religion?
What must schools ensure for all students in relation to their right to religion?
What does the constitutional right to freedom of expression include?
What does the constitutional right to freedom of expression include?
What is limited in terms of advocacy as per the South African Constitution?
What is limited in terms of advocacy as per the South African Constitution?
What privilege do members of parliament have in parliamentary proceedings?
What privilege do members of parliament have in parliamentary proceedings?
What obligations does the state have in relation to socio-economic rights?
What obligations does the state have in relation to socio-economic rights?
What value does socio-economic rights litigation have, as seen in the case of access to water in Mazibuko v City of Johannesburg?
What value does socio-economic rights litigation have, as seen in the case of access to water in Mazibuko v City of Johannesburg?
What does section 38 of the Constitution regulate?
What does section 38 of the Constitution regulate?
Who are Amicus Curiae and what is their role in court proceedings?
Who are Amicus Curiae and what is their role in court proceedings?
What is the focus of ripeness in constitutional law?
What is the focus of ripeness in constitutional law?
What does mootness refer to in constitutional law?
What does mootness refer to in constitutional law?
How many stages does constitutional litigation consist of, and what do they determine?
How many stages does constitutional litigation consist of, and what do they determine?
What does the right to equality encompass?
What does the right to equality encompass?
Which sections of the constitution are paramount in establishing equality and prohibiting unfair discrimination?
Which sections of the constitution are paramount in establishing equality and prohibiting unfair discrimination?
What does the test for unfair discrimination involve?
What does the test for unfair discrimination involve?
Which rights are guaranteed by section 15 of the Constitution?
Which rights are guaranteed by section 15 of the Constitution?
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.
Related Documents
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.
