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?

<p>Acting as an association acting in the interest of its members (A)</p> Signup and view all the answers

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

<p>Assists the court in furnishing information or arguments (C)</p> Signup and view all the answers

Ripeness in court cases refers to the

<p>Timing of a matter when it is brought to court (B)</p> 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?

<p>All internal remedies must be exhausted before approaching the court (B)</p> Signup and view all the answers

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

<p>The matter is irrelevant and doesn't require a court ruling (B)</p> 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?

<p>Purposive interpretation (C)</p> Signup and view all the answers

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

<p>Horizontal application involves private parties, while vertical application involves the state (A)</p> 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?

<p>They are the only religious observances at the institution (A)</p> Signup and view all the answers

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

<p>The need for all people to participate and enjoy their rights equally (B)</p> 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?

<p>Freedom of religion, belief, and opinion (C)</p> 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?

<p>Advocacy of hatred based on political beliefs (B)</p> Signup and view all the answers

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