26 Questions
Which section of the Canadian Charter of Rights is the limitation clause?
Section 1
Which section of the Kenyan constitution is the limitation clause for all the Rights in the Kenyan Bill of Rights?
Section 24
Which section of the South African constitution sets the requirements for limitation of all the rights in the Bill of Rights?
Section 36
Which country does not have limitation clauses in its constitution?
United States
What is equality?
An abstraction
According to historian Yuval Harari, where do universal principles of justice such as equality exist?
In the fertile imagination of Sapiens
What is the reality of the proclamation of equality in the face of inequality?
A dissonance
In what situations might the court have to rule on the constitutionality of a legislative provision?
Both of the above
What is the two-stage character of disputes involving the constitutionality of a legislative provision?
Infringement stage and limitation stage
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
Which section of the Constitution regulates scenarios of extra-constitutional limitation?
Section 36(1)
What is the term used to describe limitations that originate from inside the Constitution itself?
Intra constitutional limitation
Which section of the Constitution provides limitations on the constitutional right of every citizen to stand for public office?
Section 47
Which section of the Constitution places restrictions on section 19(3)(b)?
Section 47
Which international human-rights instrument recognizes the right to equality?
Universal Declaration of Human Rights (UDHR)
In the South African constitutional order, where does equality feature as a value?
Section 1
Are people in fact equal?
No, people are not equal in reality
What is the purpose of section 35(5) in the South African constitution?
To regulate the exclusion of evidence obtained unconstitutionally
What is the purpose of a proportionality analysis?
To balance the harm caused by infringement against the benefits accomplished
Which factor is NOT considered in the proportionality test?
The relation between the limitation and its purpose
What happens if the purpose of a limiting law is found to be illegitimate?
The limitation will be held unconstitutional
What does the fifth consideration in the proportionality test require the state to show?
The limiting means used was the least restrictive
Which rights in the Bill of Rights have unqualified definitions?
Sections 9, 12, and 18
What are the built-in restrictions for the right to freedom of expression (section 16)?
War propaganda, incitement to violence, and hate speech
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)
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
Quiz: Constitutional Rights and Limitations in South Africa Test your knowledge on constitutional rights and limitations in South Africa with this quiz. Explore landmark cases like AZAPO v President of the RSA 1996 and understand the court's role in granting appropriate relief when a constitutional right is violated. This quiz also covers the special case of section 35(5) in the criminal justice system. Challenge yourself and enhance your understanding of constitutional law in South Africa.
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