Constitutional Rights and Limitations in South Africa

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Which section of the Canadian Charter of Rights is the limitation clause?

Section 36(1)

Section 24

Section 36

Section 1 (correct)

Which section of the Kenyan constitution is the limitation clause for all the Rights in the Kenyan Bill of Rights?

Section 36

Section 36(1)

Section 24 (correct)

Section 1

Which section of the South African constitution sets the requirements for limitation of all the rights in the Bill of Rights?

Section 36(1)

Section 24

Section 36 (correct)

Section 1

Which country does not have limitation clauses in its constitution?

United States Signup and view all the answers

What is equality?

An abstraction Signup and view all the answers

According to historian Yuval Harari, where do universal principles of justice such as equality exist?

In the fertile imagination of Sapiens Signup and view all the answers

What is the reality of the proclamation of equality in the face of inequality?

A dissonance Signup and view all the answers

In what situations might the court have to rule on the constitutionality of a legislative provision?

Both of the above Signup and view all the answers

What is the two-stage character of disputes involving the constitutionality of a legislative provision?

Infringement stage and limitation stage Signup and view all the answers

When might the section 39(2) option not be available in a case involving the constitutionality of legislation?

When a party in civil or criminal litigation raises a constitutional point Signup and view all the answers

Which section of the Constitution regulates scenarios of extra-constitutional limitation?

Section 36(1) Signup and view all the answers

What is the term used to describe limitations that originate from inside the Constitution itself?

Intra constitutional limitation Signup and view all the answers

Which section of the Constitution provides limitations on the constitutional right of every citizen to stand for public office?

Section 47 Signup and view all the answers

Which section of the Constitution places restrictions on section 19(3)(b)?

Section 47 Signup and view all the answers

Which international human-rights instrument recognizes the right to equality?

Universal Declaration of Human Rights (UDHR) Signup and view all the answers

In the South African constitutional order, where does equality feature as a value?

Section 1 Signup and view all the answers

Are people in fact equal?

No, people are not equal in reality Signup and view all the answers

What is the purpose of section 35(5) in the South African constitution?

To regulate the exclusion of evidence obtained unconstitutionally Signup and view all the answers

What is the purpose of a proportionality analysis?

To balance the harm caused by infringement against the benefits accomplished Signup and view all the answers

Which factor is NOT considered in the proportionality test?

The relation between the limitation and its purpose Signup and view all the answers

What happens if the purpose of a limiting law is found to be illegitimate?

The limitation will be held unconstitutional Signup and view all the answers

What does the fifth consideration in the proportionality test require the state to show?

The limiting means used was the least restrictive Signup and view all the answers

Which rights in the Bill of Rights have unqualified definitions?

Sections 9, 12, and 18 Signup and view all the answers

What are the built-in restrictions for the right to freedom of expression (section 16)?

War propaganda, incitement to violence, and hate speech Signup and view all the answers

Which case dealt with the Regulation of Gatherings Act and held that it was compatible with section 17?

SATAWU v Garvis 2012 (8) BCLR 840 (CC) Signup and view all the answers

What is the difference between internal limitation clauses and general external limitation clauses?

Internal limitation clauses apply to specific rights, while general external limitation clauses apply to all rights Signup and view all the answers

Constitutional Rights and Limitations in South Africa

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Questions and Answers

Which section of the Canadian Charter of Rights is the limitation clause?

Which section of the Kenyan constitution is the limitation clause for all the Rights in the Kenyan Bill of Rights?

Which section of the South African constitution sets the requirements for limitation of all the rights in the Bill of Rights?

Which country does not have limitation clauses in its constitution?

What is equality?

According to historian Yuval Harari, where do universal principles of justice such as equality exist?

What is the reality of the proclamation of equality in the face of inequality?

In what situations might the court have to rule on the constitutionality of a legislative provision?

What is the two-stage character of disputes involving the constitutionality of a legislative provision?

When might the section 39(2) option not be available in a case involving the constitutionality of legislation?

Which section of the Constitution regulates scenarios of extra-constitutional limitation?

What is the term used to describe limitations that originate from inside the Constitution itself?

Which section of the Constitution provides limitations on the constitutional right of every citizen to stand for public office?

Which section of the Constitution places restrictions on section 19(3)(b)?

Which international human-rights instrument recognizes the right to equality?

In the South African constitutional order, where does equality feature as a value?

Are people in fact equal?

What is the purpose of section 35(5) in the South African constitution?

What is the purpose of a proportionality analysis?

Which factor is NOT considered in the proportionality test?

What happens if the purpose of a limiting law is found to be illegitimate?

What does the fifth consideration in the proportionality test require the state to show?

Which rights in the Bill of Rights have unqualified definitions?

What are the built-in restrictions for the right to freedom of expression (section 16)?

Which case dealt with the Regulation of Gatherings Act and held that it was compatible with section 17?

What is the difference between internal limitation clauses and general external limitation clauses?

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