Constitutional Litigation

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14 Questions

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

Substantive Stage

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

Section 9(1)

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

The burden is on the complainant to establish unfairness

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

Acting as an association acting in the interest of its members

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

Assists the court in furnishing information or arguments

Ripeness in court cases refers to the

Timing of a matter when it is brought to court

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

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

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

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

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

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

The need for all people to participate and enjoy their rights equally

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

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

This quiz tests your knowledge on the Substantive Law and the Structure of Constitutional Litigation. It covers topics such as entitlements, the scope of rights, procedural stages, and the duties set out in specific rights. Test your understanding of these important legal concepts with this quiz.

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