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Constitutional Litigation

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Questions and Answers

Which stage of Constitutional Litigation determines whether the law or conduct infringed upon a right?

Substantive Stage (correct)

All stages determine infringement

Remedy Stage

Procedural Stage

Which section of the constitution establishes a state of formal equality?

Section 9(2)

Section 9(1) (correct)

Section 9(3)

Section 9(4)

What is the burden of proof for establishing unfair discrimination based on a non-listed ground?

The burden is on the court to determine unfairness

There is no burden of proof for unfair discrimination based on a non-listed ground

The burden is on the respondent to rebut the unfairness

The burden is on the complainant to establish unfairness (correct)

Which of the following is NOT a requirement for standing in court?

Acting as an association acting in the interest of its members Signup and view all the answers

Which of the following best describes the role of an Amicus Curiae in court proceedings?

Assists the court in furnishing information or arguments Signup and view all the answers

Ripeness in court cases refers to the

Timing of a matter when it is brought to court Signup and view all the answers

Which of the following is a requirement for a case to be considered 'ripe' and brought before a court?

All internal remedies must be exhausted before approaching the court Signup and view all the answers

What does it mean for a matter to be 'moot' in the context of bringing it to court?

The matter is irrelevant and doesn't require a court ruling Signup and view all the answers

Which approach to interpretation requires the interpreter to promote the values of an open and democratic society based on human dignity, equality, and freedom?

Purposive interpretation Signup and view all the answers

What is the difference between horizontal and vertical application of the Bill of Rights?

Horizontal application involves private parties, while vertical application involves the state Signup and view all the answers

According to Section 15(2), religious observances may be conducted at state or state-aided institutions if they meet certain conditions. Which of the following is NOT one of those conditions?

They are the only religious observances at the institution Signup and view all the answers

What does the notion of 'reasonable accommodation' refer to?

The need for all people to participate and enjoy their rights equally Signup and view all the answers

In Christian Education v Minister of Education, the court held that the prohibition on corporal punishment did not infringe on which right?

Freedom of religion, belief, and opinion Signup and view all the answers

According to Section 16(2) of the Constitution, the guarantee of freedom of expression is not extended to which of the following?

Advocacy of hatred based on political beliefs Signup and view all the answers

Constitutional Litigation

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Questions and Answers

Which stage of Constitutional Litigation determines whether the law or conduct infringed upon a right?

Which section of the constitution establishes a state of formal equality?

What is the burden of proof for establishing unfair discrimination based on a non-listed ground?

Which of the following is NOT a requirement for standing in court?

Which of the following best describes the role of an Amicus Curiae in court proceedings?

Ripeness in court cases refers to the

Which of the following is a requirement for a case to be considered 'ripe' and brought before a court?

What does it mean for a matter to be 'moot' in the context of bringing it to court?

Which approach to interpretation requires the interpreter to promote the values of an open and democratic society based on human dignity, equality, and freedom?

What is the difference between horizontal and vertical application of the Bill of Rights?

According to Section 15(2), religious observances may be conducted at state or state-aided institutions if they meet certain conditions. Which of the following is NOT one of those conditions?

What does the notion of 'reasonable accommodation' refer to?

In Christian Education v Minister of Education, the court held that the prohibition on corporal punishment did not infringe on which right?

According to Section 16(2) of the Constitution, the guarantee of freedom of expression is not extended to which of the following?

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