Constitutional Law Limitation Inquiry Quiz
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Questions and Answers

What is the first main question in the limitation inquiry?

  • Whether the right is limited in terms of a law of general application (correct)
  • Whether the right is absolute
  • Whether the limitation is based on human dignity
  • Whether the limitation is based on equality

    • If there is no law of general application, what is the likely outcome of the limitation inquiry?

  • The limitation will be found to be reasonable
  • The limitation will be found to be absolute
  • The limitation will be found to be justifiable
  • The limitation will be found to be unconstitutional (correct)

    • What happens if the answer to the first question is affirmative in the limitation inquiry?

  • The court seeks further evidence
  • The court moves on to the second question (correct)
  • The court declares the limitation unconstitutional
  • The court dismisses the case

    • What factors are listed in Section 36(1) to be taken into account when determining whether a limitation is reasonable and justifiable?

    <p>The nature of the right; the importance of the purpose of the limitation; the nature and extent of the limitation</p> Signup and view all the answers

    What is the second main question in the limitation inquiry?

    <p>Is the limitation reasonable and justifiable in an open and democratic society based on human dignity, equality, and freedom</p> Signup and view all the answers

    What is the first main question in the limitation inquiry?

    <p>Is the right limited in terms of a law of general application?</p> Signup and view all the answers

    What is the likely outcome of the limitation inquiry if there is no law of general application?

    <p>The limitation will be found to be unconstitutional.</p> Signup and view all the answers

    What factors are considered when determining whether a limitation is reasonable and justifiable?

    <p>Human dignity, equality, and freedom</p> Signup and view all the answers

    What does the court first ask in the limitation inquiry?

    <p>Whether the right is limited in terms of a law of general application</p> Signup and view all the answers

    If there is no law of general application, what is the likely outcome of the limitation inquiry?

    <p>The limitation will be found to be unconstitutional</p> Signup and view all the answers

    What factors are considered in the second question of the limitation inquiry?

    <p>Human rights and freedoms</p> Signup and view all the answers

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