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?

  • 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?

<p>United States (A)</p> Signup and view all the answers

What is equality?

<p>An abstraction (C)</p> Signup and view all the answers

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

<p>In the fertile imagination of Sapiens (D)</p> Signup and view all the answers

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

<p>A dissonance (B)</p> Signup and view all the answers

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

<p>Both of the above (C)</p> Signup and view all the answers

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

<p>Infringement stage and limitation stage (D)</p> Signup and view all the answers

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

<p>When a party in civil or criminal litigation raises a constitutional point (C)</p> Signup and view all the answers

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

<p>Section 36(1) (C)</p> Signup and view all the answers

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

<p>Intra constitutional limitation (D)</p> 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?

<p>Section 47 (A)</p> Signup and view all the answers

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

<p>Section 47 (A)</p> Signup and view all the answers

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

<p>Universal Declaration of Human Rights (UDHR) (A)</p> Signup and view all the answers

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

<p>Section 1 (C)</p> Signup and view all the answers

Are people in fact equal?

<p>No, people are not equal in reality (D)</p> Signup and view all the answers

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

<p>To regulate the exclusion of evidence obtained unconstitutionally (A)</p> Signup and view all the answers

What is the purpose of a proportionality analysis?

<p>To balance the harm caused by infringement against the benefits accomplished (D)</p> Signup and view all the answers

Which factor is NOT considered in the proportionality test?

<p>The relation between the limitation and its purpose (C)</p> Signup and view all the answers

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

<p>The limitation will be held unconstitutional (D)</p> Signup and view all the answers

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

<p>The limiting means used was the least restrictive (A)</p> Signup and view all the answers

Which rights in the Bill of Rights have unqualified definitions?

<p>Sections 9, 12, and 18 (D)</p> Signup and view all the answers

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

<p>War propaganda, incitement to violence, and hate speech (A)</p> Signup and view all the answers

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

<p>SATAWU v Garvis 2012 (8) BCLR 840 (CC) (B)</p> Signup and view all the answers

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

<p>Internal limitation clauses apply to specific rights, while general external limitation clauses apply to all rights (D)</p> Signup and view all the answers

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