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Questions and Answers
Chapter 9 Institutions have the power to review and set aside legislation or the actions of the executive.
Chapter 9 Institutions have the power to review and set aside legislation or the actions of the executive.
False
The Public Protector is not independent and impartial according to section 181 of the Constitution.
The Public Protector is not independent and impartial according to section 181 of the Constitution.
False
The Commission for Gender Equality is not one of the Chapter 9 Institutions.
The Commission for Gender Equality is not one of the Chapter 9 Institutions.
False
Chapter 9 Institutions contribute to transforming South Africa into a society where social justice prevails.
Chapter 9 Institutions contribute to transforming South Africa into a society where social justice prevails.
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South Africa's Constitutional regime does not contain justiciable socio-economic rights.
South Africa's Constitutional regime does not contain justiciable socio-economic rights.
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The Minister of Health only permitted the prescription and use of nevirapine at designated research clinics and facilities.
The Minister of Health only permitted the prescription and use of nevirapine at designated research clinics and facilities.
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The court held that the policy of restricting the prescription and use of nevirapine was consistent with the Constitution.
The court held that the policy of restricting the prescription and use of nevirapine was consistent with the Constitution.
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In Soobramoney v Minister of Health (Kwa-Zulu Natal), Mr. Soobramoney was denied dialysis due to the lack of resources, even though his condition was considered an emergency.
In Soobramoney v Minister of Health (Kwa-Zulu Natal), Mr. Soobramoney was denied dialysis due to the lack of resources, even though his condition was considered an emergency.
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Socio-economic rights are not interrelated with other rights within the South African Constitution.
Socio-economic rights are not interrelated with other rights within the South African Constitution.
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Section 38 of the Constitution provides for the enforcement of rights and states that anyone can approach any court for appropriate relief.
Section 38 of the Constitution provides for the enforcement of rights and states that anyone can approach any court for appropriate relief.
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The High Court, Supreme Court of Appeal, and the Constitutional Court have the inherent jurisdiction to address particular matters and grant the relief sought.
The High Court, Supreme Court of Appeal, and the Constitutional Court have the inherent jurisdiction to address particular matters and grant the relief sought.
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Direct Access allows a person to bring a matter directly to the Constitutional court without the context of appeals.
Direct Access allows a person to bring a matter directly to the Constitutional court without the context of appeals.
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A Confirmation of Constitutional invalidity is usually the first resort for courts when a law is declared inconsistent with the constitution.
A Confirmation of Constitutional invalidity is usually the first resort for courts when a law is declared inconsistent with the constitution.
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Section 172(1) of the Constitution provides for severance, which enables the court to remove parts of a law inconsistent with the constitution.
Section 172(1) of the Constitution provides for severance, which enables the court to remove parts of a law inconsistent with the constitution.
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Reading-in is where the court adds words to a provision to make it constitutionally permissible.
Reading-in is where the court adds words to a provision to make it constitutionally permissible.
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An order of Constitutional invalidity made by the High Court or the Supreme Court of Appeal lacks force until confirmed by the Constitutional Court.
An order of Constitutional invalidity made by the High Court or the Supreme Court of Appeal lacks force until confirmed by the Constitutional Court.
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South African Human Rights Commission promotes respect for human rights and investigates related issues.
South African Human Rights Commission promotes respect for human rights and investigates related issues.
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Commission for Gender Equality is responsible for promoting respect for gender equality.
Commission for Gender Equality is responsible for promoting respect for gender equality.
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The Electoral Commission ensures that elections are managed without any interference.
The Electoral Commission ensures that elections are managed without any interference.
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The Public Protector's findings can only lead to non-binding remedial action.
The Public Protector's findings can only lead to non-binding remedial action.
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Appointments to these institutions are made solely by the President.
Appointments to these institutions are made solely by the President.
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Removal of a member from these institutions can only be based on grounds of misconduct.
Removal of a member from these institutions can only be based on grounds of misconduct.
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Constitutional litigation features elements such as standing, ripeness, and mootness.
Constitutional litigation features elements such as standing, ripeness, and mootness.
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The Commission for the Promotion and Protection of the Rights of Cultural and Linguistic Communities is established under section 190 of the Constitution.
The Commission for the Promotion and Protection of the Rights of Cultural and Linguistic Communities is established under section 190 of the Constitution.
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The functions of the South African Human Rights Commission include managing elections.
The functions of the South African Human Rights Commission include managing elections.
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The Public Protector is responsible for investigating improper conduct in state affairs.
The Public Protector is responsible for investigating improper conduct in state affairs.
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The Commission for Gender Equality is established under section 187 of the Constitution.
The Commission for Gender Equality is established under section 187 of the Constitution.
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Constitutional litigation determines who can bring a matter to court for adjudication.
Constitutional litigation determines who can bring a matter to court for adjudication.
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Section 15 establishes South Africa as a secular state, allowing religious observances at state institutions under certain conditions
Section 15 establishes South Africa as a secular state, allowing religious observances at state institutions under certain conditions
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The right to religious observance is absolute and does not need to be applied equitably and voluntarily
The right to religious observance is absolute and does not need to be applied equitably and voluntarily
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Legislation recognizing marriages and personal/family law under any tradition or religion is allowed
Legislation recognizing marriages and personal/family law under any tradition or religion is allowed
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The notion of 'reasonable accommodation' requires positive measures to allow all to exercise their rights equally
The notion of 'reasonable accommodation' requires positive measures to allow all to exercise their rights equally
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The prohibition on corporal punishment infringes on the right to freedom of religion, belief, and opinion
The prohibition on corporal punishment infringes on the right to freedom of religion, belief, and opinion
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Schools are not required to take positive measures to ensure all students can exercise their right to religion equally
Schools are not required to take positive measures to ensure all students can exercise their right to religion equally
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Section 16 guarantees freedom of expression, including press freedom, information exchange, and academic freedom
Section 16 guarantees freedom of expression, including press freedom, information exchange, and academic freedom
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Certain limitations to freedom of expression include propaganda for war and incitement of violence or hatred
Certain limitations to freedom of expression include propaganda for war and incitement of violence or hatred
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Section 58 grants absolute privilege to members of parliament for statements made during parliamentary proceedings
Section 58 grants absolute privilege to members of parliament for statements made during parliamentary proceedings
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Socio-economic rights require the state to respect, protect, promote, and fulfill the rights in the Bill of Rights
Socio-economic rights require the state to respect, protect, promote, and fulfill the rights in the Bill of Rights
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Socio-economic rights litigation has been valuable in cases like Mazibuko and Others v City of Johannesburg and Others, ensuring access to sufficient water
Socio-economic rights litigation has been valuable in cases like Mazibuko and Others v City of Johannesburg and Others, ensuring access to sufficient water
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Standing is regulated under section 38 of the Constitution?
Standing is regulated under section 38 of the Constitution?
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Amicus Curiae are parties to the proceedings in court?
Amicus Curiae are parties to the proceedings in court?
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Ripeness refers to the timing of a matter brought to court?
Ripeness refers to the timing of a matter brought to court?
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Mootness questions the practical effect of bringing a matter to court?
Mootness questions the practical effect of bringing a matter to court?
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Constitutional litigation involves only substantive and remedy stages?
Constitutional litigation involves only substantive and remedy stages?
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The right to equality encompasses formal, corrective, and substantive equality?
The right to equality encompasses formal, corrective, and substantive equality?
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Section 9(1) of the constitution is crucial in establishing formal equality?
Section 9(1) of the constitution is crucial in establishing formal equality?
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The test for unfair discrimination involves a one-stage analysis?
The test for unfair discrimination involves a one-stage analysis?
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Freedom of Religion, Belief, and Conscience is not guaranteed under section 15 of the Constitution?
Freedom of Religion, Belief, and Conscience is not guaranteed under section 15 of the Constitution?
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Standing requires the person to demonstrate their disinterest in the matter?
Standing requires the person to demonstrate their disinterest in the matter?
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Ripeness requires an actual dispute and exhaustion of internal remedies in certain cases?
Ripeness requires an actual dispute and exhaustion of internal remedies in certain cases?
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Mootness refers to redundancy in seeking court intervention?
Mootness refers to redundancy in seeking court intervention?
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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.
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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.
