Podcast Beta
Questions and Answers
______ have two primary roles: Contributing to accountable government/Monitoring the government Transforming South Africa into a society in which social justice prevails The Nature of ______ These are Institutions set up to safeguard and promote democracy Established in terms of section 181 of the Constitution: as independent and impartial bodies They are independent non-judicial systems However, they are also accountable to the National Assembly These institutions primarily make findings and recommendations, and in the context of the public protector, can also issue binding remedial action. They do not have the power to review and set aside legislation or the actions of the executive only the courts have that power (hence non-judicial). They are important in realizing the state’s duty to realize individual rights in terms of the Constitutional obligations imposed on the state.
Chapter 9 Institutions
South African Human Rights Commission established under section 184 of the Constitution
Functions include promoting respect for human rights and monitoring their observance
Commission for Gender Equality established under section 187 of the Constitution
Functions include promoting respect for gender equality and investigating related issues
Commission for the Promotion and Protection of the Rights of Cultural and Linguistic Communities established under Section 185 of the Constitution
Signup and view all the answers
Electoral Commission established under section 190 of the Constitution
Signup and view all the answers
The Public Protector established under section 182
Signup and view all the answers
The Public Protector's findings can lead to binding remedial action
Signup and view all the answers
Removal of a member from these institutions can be based on grounds of misconduct, incapacity, or incompetence
Signup and view all the answers
Section 15 does not establish South Africa as a secular state, allowing ______s at state institutions under certain conditions
Signup and view all the answers
The right to ______ is not absolute and must be applied equitably and voluntarily
Signup and view all the answers
Legislation recognizing ______ and personal/family law under any tradition or religion is allowed
Signup and view all the answers
The notion of '______' requires positive measures to allow all to exercise their rights equally
Signup and view all the answers
The prohibition on ______ did not infringe on the right to freedom of religion, belief, and opinion
Signup and view all the answers
Schools must take positive measures to ensure all ______ can exercise their right to religion equally
Signup and view all the answers
Section 16 guarantees ______, including press freedom, information exchange, and academic freedom
Signup and view all the answers
Certain ______ to freedom of expression include propaganda for war and incitement of violence or hatred
Signup and view all the answers
Section 58 grants ______ to members of parliament for statements made during parliamentary proceedings
Signup and view all the answers
______ require the state to respect, protect, promote, and fulfill the rights in the Bill of Rights
Signup and view all the answers
______ are debated politically and legally, with courts considering state obligations
Signup and view all the answers
______ litigation has been valuable in cases like Mazibuko and Others v City of Johannesburg and Others, ensuring access to sufficient water
Signup and view all the answers
______ is regulated under section 38 of the Constitution, allowing individuals to approach a court if their rights are infringed or threatened.
Signup and view all the answers
______ refers to the timing of a matter brought to court, requiring an actual dispute and exhaustion of internal remedies in certain cases.
Signup and view all the answers
______ questions the practical effect of bringing a matter to court and refers to redundancy in seeking court intervention.
Signup and view all the answers
The right to ______ encompasses formal, corrective, and substantive ______, as well as direct and indirect discrimination.
Signup and view all the answers
The test for unfair ______ involves a two-stage analysis, considering whether ______ has occurred and whether it is unfair.
Signup and view all the answers
The Freedom of ______ is guaranteed under section 15 of the Constitution, ensuring the right to freedom of religion, conscience, thought, belief, and opinion.
Signup and view all the answers
______ involves procedural, substantive, and remedy stages, determining jurisdiction, the scope of rights, and potential remedies.
Signup and view all the answers
______ are friends of the court who assist with information or arguments and are not parties to the proceedings.
Signup and view all the answers
______ of the constitution are crucial in establishing formal equality, promoting substantive equality, and preventing unfair discrimination.
Signup and view all the answers
Standing requires the person to demonstrate their ______ in the matter, including acting on behalf of others, in the public ______, or as part of a group or class action.
Signup and view all the answers
The Court held that the policy of permitting the prescription and use of ______ only at designated research clinics and facilities was inconsistent with the Constitution and ordered that this restriction be removed
Signup and view all the answers
Mr. Soobramoney had a chronic illness which required that he be on ______. However, the state refused to offer him the service as they lacked the resources. The court held that since his condition was not an emergency he could not rely on the right to emergency healthcare
Signup and view all the answers
Socio-economic rights are the most important part in the grander scheme of South Africa’s Constitutional regime and are justiciable rights contained in the Bill of Rights. Therefore, in line with constitutional imperatives, it is acceptable for courts to assess the progressive realization of ______ rights
Signup and view all the answers
Section 38 of the Constitution provides for the ______ of rights and states: Anyone that has standing may approach a competent court and the court may grant appropriate relief, including a declaration of rights
Signup and view all the answers
A Confirmation of Constitutional ______ is a form of appropriate relief. Usually the last resort, and courts try as far as possible to avoid striking entire provisions/acts. They do this through Severance and Reading in
Signup and view all the answers
Section 172(1) Provides that a law that is declared inconsistent with the constitution is invalid to the extent of that inconsistency This provision allows for severance, which enables the court to remove those parts of a law that are inconsistent with the constitution to the extent that it is grammatically possible and still gives effect to the objects of the legislation
Signup and view all the answers
Courts are thus empowered to make any ______ that is just and equitable including an ______ limiting the retrospective effect [applies to the future only] of the declaration of invalidity and the ______ suspending the declaration of invalidity for any period and any conditions to allow the competent authority to correct the defect
Signup and view all the answers
______: This is where the court adds words to a certain provision to keep to make it constitutionally permissible as opposed to striking down the provision in its entirety. ______ and Severance are preferable approaches as opposed to striking down a provision entirely because to do this would interfere with the separation of powers
Signup and view all the answers
In terms of section 172(2)(a) – the High Court, the Supreme Court of Appeal (or a court of a similar status) can make an order of Constitutional ______. However, such an order lacks force until the Constitutional Court has confirmed that ______
Signup and view all the answers
National legislation, or the rules of the Constitution Court must allow a person, when it is in the interests of justice and with leave of the court to bring a matter directly to the Constitutional court [Direct Access]; or appeal directly to the Constitutional court from any other Court [Direct Appeal]. The former takes place outside the context of appeals, and the other takes place in the context of appeals
Signup and view all the answers
This refers to the fact that the court that is approached must have the requisite jurisdiction to decide on the matter and grant the relief sought after. As certain courts of a higher status have the inherent jurisdiction to address particular matters and thus the relief sought is contingent on the authority of the court to grant that relief
Signup and view all the answers
Study Notes
Constitutional Law: Standing, Ripeness, Mootness, and Equality
- Standing is regulated under section 38 of the Constitution, allowing individuals to approach a court if their rights are infringed or threatened.
- Standing requires the person to demonstrate their interest in the matter, including acting on behalf of others, in the public interest, or as part of a group or class action.
- Amicus Curiae are friends of the court who assist with information or arguments and are not parties to the proceedings.
- Ripeness refers to the timing of a matter brought to court, requiring an actual dispute and exhaustion of internal remedies in certain cases.
- Mootness questions the practical effect of bringing a matter to court and refers to redundancy in seeking court intervention.
- Constitutional litigation involves procedural, substantive, and remedy stages, determining jurisdiction, the scope of rights, and potential remedies.
- The right to equality encompasses formal, corrective, and substantive equality, as well as direct and indirect discrimination.
- Sections 9(1), 9(2), and 9(3) of the constitution are crucial in establishing formal equality, promoting substantive equality, and preventing unfair discrimination.
- The test for unfair discrimination involves a two-stage analysis, considering whether discrimination has occurred and whether it is unfair.
- Freedom of Religion, Belief, and Conscience is guaranteed under section 15 of the Constitution, ensuring 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 constitutional law with this quiz on standing, ripeness, mootness, and equality. Explore the principles of constitutional litigation, the nuances of equality rights, and the protections of freedom of religion, belief, and conscience under the constitution.
