Constitutional Law Overview
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Questions and Answers

What does parliamentary supremacy signify?

  • The parliament has absolute power to create laws. (correct)
  • The constitution holds the ultimate authority.
  • The judiciary can override parliamentary decisions.
  • The executive branch is the most powerful entity.

    • Under parliamentary sovereignty, the state must always act in accordance with the Constitution.

    False

    What is the term used to describe the division of government into three independent arms?

    Separation of Powers

    In the separation of powers, the _______ is responsible for enforcing laws.

    <p>Executive</p> Signup and view all the answers

    Match the branches of government with their primary functions:

    <p>Executive = Enforces laws Legislature = Makes laws Judiciary = Interprets laws</p> Signup and view all the answers

    Which model follows the concept of parliamentary sovereignty?

    <p>Westminster model</p> Signup and view all the answers

    The Judiciary can prevent the Legislature from passing laws that are consistent with the Constitution.

    <p>False</p> Signup and view all the answers

    What aim did the separation of powers primarily address?

    <p>To prevent concentration of power in a single ruler</p> Signup and view all the answers

    What type of jurisdiction is exercised alongside the High Court and Supreme Court of Appeal?

    <p>Concurrent Jurisdiction</p> Signup and view all the answers

    The Constitutional Court can directly declare legislation invalid without the High Court's input.

    <p>False</p> Signup and view all the answers

    Name one reason for the Exclusive Jurisdiction of the Constitutional Court.

    <p>To avoid tension with other arms of government.</p> Signup and view all the answers

    The Constitutional Court must confirm the order of invalidity from the High Court before it gains any ______.

    <p>force</p> Signup and view all the answers

    Match the following types of jurisdiction with their description:

    <p>Concurrent Jurisdiction = Exercised alongside High Court and Supreme Court Exclusive Jurisdiction = Only the Constitutional Court can decide Original Jurisdiction = Cases that begin in the Constitutional Court Appellate Jurisdiction = Reviewing decisions of lower courts</p> Signup and view all the answers

    Which of the following matters can the Constitutional Court exclusively decide on?

    <p>Constitutional status of organs of State</p> Signup and view all the answers

    The decision on the constitutionality of any parliamentary or provincial Bill is within the Exclusive Jurisdiction of the Constitutional Court.

    <p>True</p> Signup and view all the answers

    Who can apply to the Constitutional Court regarding legislative matters?

    <p>Members of the National Assembly or at least 20% of the members of the provincial legislature.</p> Signup and view all the answers

    What was Mr. Zuma found guilty of?

    <p>Contempt of court</p> Signup and view all the answers

    Mr. Zuma complied with the directives issued by the Commission.

    <p>False</p> Signup and view all the answers

    What specific failure led to Mr. Zuma's contempt of court verdict?

    <p>Failure to comply with the summons and directives of the Commission.</p> Signup and view all the answers

    Section ___________ governs direct access to the Constitutional Court.

    <p>167(6)(a)</p> Signup and view all the answers

    Match the following terms with their meanings:

    <p>Contempt of court = Failing to comply with a court order Commission = Body investigating state capture and corruption Affidavit = Written statement confirmed by oath Direct access = Bringing a matter directly to the Constitutional Court</p> Signup and view all the answers

    What does the court's order require Mr. Zuma to do?

    <p>Comply with summons and directives of the Commission</p> Signup and view all the answers

    Direct access to the Constitutional Court is only granted in extraordinary circumstances.

    <p>True</p> Signup and view all the answers

    The Commission investigates allegations of state __________, corruption, and fraud.

    <p>capture</p> Signup and view all the answers

    Which court has the power to declare laws or conduct inconsistent with the Constitution as invalid?

    <p>The High Court</p> Signup and view all the answers

    A court of lower status than the High Court can inquire into the constitutionality of legislation.

    <p>False</p> Signup and view all the answers

    What section allows a person to bring a matter directly to the Constitutional Court?

    <p>Section 167(6)</p> Signup and view all the answers

    The inherent power of South African courts includes protecting and regulating their own process and developing the ___.

    <p>common law</p> Signup and view all the answers

    Match the following sections with their descriptions:

    <p>Section 170 = Decides constitutional matters Section 171 = Limits inquiry into constitutionality by lower courts Section 172 = Issues just and equitable orders Section 167 = Allows direct access to the Constitutional Court</p> Signup and view all the answers

    What powers does the Commission have according to Section 185(4)?

    <p>Powers prescribed by national legislation.</p> Signup and view all the answers

    The Commission must be representative of both cultural and gender diversity according to Section 186.

    <p>True</p> Signup and view all the answers

    How many initiates were reported to have been admitted to hospitals in Limpopo?

    <p>292</p> Signup and view all the answers

    The commission's powers are outlined in Section _____ of the Constitution.

    <p>185</p> Signup and view all the answers

    Match the following sections with their descriptions:

    <p>Section 185(4) = Commission's additional powers Section 186(1) = Number of members and terms Section 186(2)(a) = Cultural representation requirement Section 186(2)(b) = Gender representation requirement</p> Signup and view all the answers

    What was the main intervention requested from the Commission?

    <p>Remedial steps for issues faced during initiation.</p> Signup and view all the answers

    In 2022, no complaints were made regarding the initiation schools.

    <p>False</p> Signup and view all the answers

    What was the outcome of the CRL's investigation into the initiation incidents in Mopani District?

    <p>Hospital admissions due to complications from circumcision.</p> Signup and view all the answers

    Study Notes

    ### Constitutional Supremacy

    • The Constitution establishes and limits the power of the state
    • The state can only act within the boundaries of the Constitution
    • If the state acts outside its constitutional bounds, its actions are invalid

    Parliamentary Sovereignty

    • Parliament has supreme power over the creation of laws
    • Parliament can create or abolish laws without constraints

    ### Separation of Powers

    • Also known as trias politica
    • Three independent branches of state: Executive, Legislature, Judiciary

    ### Executive

    • Enforces the law
    • Includes the cabinet and ministers

    ### Legislature

    • Creates laws
    • Consists of members of Parliament

    ### Judiciary

    • Interprets laws
    • Consists of judges

    ### Checks and Balances

    • Each branch of government holds the other branches accountable
    • Legislature can remove judges for misconduct
    • Judiciary can prevent the Legislature from passing unconstitutional laws

    ### Constitutional Court Jurisdictions

    • Concurrent Jurisdiction:

      • Shared with the High Court and Supreme Court of Appeal
      • Deals with challenges to the constitutionality of all legislation
      • Any challenge first lodged in the High Court
      • The Constitutional Court confirms invalidity if declared by the High Court or SCA

    • Exclusive Jurisdiction:

      • Only the Constitutional Court can decide on certain matters
      • Reasons for Exclusive Jurisdiction:
        • Draws on the Constitutional Court’s political legitimacy
        • Reflects its special status as the guardian of the Constitution
        • Avoids tension with other branches of government

    ### Exclusive Jurisdiction Examples

    • Decides disputes between organs of state in the national or provincial sphere concerning the constitutional status, powers, or functions of those organs
    • Decides on the constitutionality of a parliamentary or a provincial Bill referred by the President or Premier in terms of sections 79 or 121 of the Constitution
    • Exclusive jurisdiction to decide on applications by members of the National Assembly or at least 20% of the members of the provincial legislature

    ### Direct Access to the Constitutional Court

    • National legislation or rules of the Constitutional Court must allow a person, in the interests of justice and with leave of the Constitutional Court, to bring a matter directly to the Constitutional Court

    ### When Direct Access is Granted

    • When a case for urgent direct access has been made out
    • When direct access is in the interests of justice
    • When the matter is self-evidently extraordinary

    ### High Court and Similar Status Courts

    • The High Court may decide any constitutional matter except for:
      • Matters the Constitutional Court has agreed to hear directly
      • Matters assigned to a court of similar status by an Act of Parliament

    ### Lower Status Courts

    • Courts of lower status than the High Court may not inquire into the constitutionality of legislation or the conduct of the President

    ### Role of Courts

    • Courts must declare laws or conduct inconsistent with the Constitution invalid
    • They can issue just and equitable orders, including suspending the invalidity
    • The High Court can rule on constitutional matters, but their orders of invalidity need confirmation by the Constitutional Court

    ### Inherent Power of Courts

    • The Constitutional Court, SCA, and High Court have the inherent power to protect and regulate their own processes and develop the common law in the interests of justice

    ### Section 185(4)

    • This section provides the Commission on the Rights of Cultural, Religious, and Linguistic Communities (CRL) with additional powers and functions prescribed by national legislation

    ### CRL Composition

    • Section 186(1):
      • The number of members of the Commission and their term of office must be prescribed by national legislation
    • Section 186(2):
      • (a) The Commission must be broadly representative of diverse South African cultural and religious groups
      • (b) The Commission must be broadly representative of the South African gender composition

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    Description

    This quiz explores key concepts of constitutional law including constitutional supremacy, parliamentary sovereignty, and the separation of powers. Test your understanding of the roles and responsibilities of the executive, legislature, and judiciary, along with how checks and balances work in government. Dive into the intricacies of constitutional court jurisdictions and more.

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