Constitutional Law Limitation Inquiry Quiz

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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?

The nature of the right; the importance of the purpose of the limitation; the nature and extent of the limitation Signup and view all the answers

What is the second main question in the limitation inquiry?

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

What is the first main question in the limitation inquiry?

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

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

The limitation will be found to be unconstitutional. Signup and view all the answers

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

Human dignity, equality, and freedom Signup and view all the answers

What does the court first ask in the limitation inquiry?

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

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

The limitation will be found to be unconstitutional Signup and view all the answers

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

Human rights and freedoms Signup and view all the answers

Constitutional Law Limitation Inquiry Quiz

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Questions and Answers

What is the first main question in the limitation inquiry?

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

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

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

What is the second main question in the limitation inquiry?

What is the first main question in the limitation inquiry?

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

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

What does the court first ask in the limitation inquiry?

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

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

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