Podcast
Questions and Answers
What is the first main question in the limitation inquiry?
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?
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?
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?
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 second main question in the limitation inquiry?
What is the first 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 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 factors are considered when determining whether a limitation is reasonable and justifiable?
What does the court first ask in the limitation inquiry?
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?
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?
What factors are considered in the second question of the limitation inquiry?
