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What constitutional concepts must the state of Abysmal adopt to become a democracy?
What constitutional concepts must the state of Abysmal adopt to become a democracy?
Constitutionalism, Representative democracy, Constitutional democracy, Separation of powers, Cooperative government.
What does constitutionalism mean?
What does constitutionalism mean?
Government in accordance with the constitution.
What are the three premises of the rule of law according to Dicey?
What are the three premises of the rule of law according to Dicey?
Absence of arbitrary power, equality before the law, a judge-made constitution.
What is the distinction between formal and material Rechtsstaat?
What is the distinction between formal and material Rechtsstaat?
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What is the meaning of democracy?
What is the meaning of democracy?
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What are the characteristics of a democratic government?
What are the characteristics of a democratic government?
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Direct democracy means that all major political decisions are taken by the ______.
Direct democracy means that all major political decisions are taken by the ______.
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Representative democracy demands that all inhabitants of the state should have a say in governance via ______.
Representative democracy demands that all inhabitants of the state should have a say in governance via ______.
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South Africa established a fully representative democracy with the 1993 constitution.
South Africa established a fully representative democracy with the 1993 constitution.
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What does judicial review entail?
What does judicial review entail?
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What is meant by constitutional law?
What is meant by constitutional law?
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Distinguish between public and private law.
Distinguish between public and private law.
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What are the sources of constitutional law?
What are the sources of constitutional law?
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An inflexible constitution requires a special amendment procedure, while a __________ constitution does not.
An inflexible constitution requires a special amendment procedure, while a __________ constitution does not.
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Does South Africa have a flexible or inflexible constitution?
Does South Africa have a flexible or inflexible constitution?
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An inflexible constitution enjoys the same status as the other laws of the country and does not require any special procedures for its amendment.
An inflexible constitution enjoys the same status as the other laws of the country and does not require any special procedures for its amendment.
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What is a supreme constitution?
What is a supreme constitution?
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Explain why South Africa has a supreme constitution.
Explain why South Africa has a supreme constitution.
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What is the difference between autochthonous and allochthonous constitutions?
What is the difference between autochthonous and allochthonous constitutions?
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What majorities are required to amend different provisions of the Constitution?
What majorities are required to amend different provisions of the Constitution?
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Explain the relationship between constitutional supremacy and the courts' power to test the constitutionality of legislation.
Explain the relationship between constitutional supremacy and the courts' power to test the constitutionality of legislation.
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What is judicial review?
What is judicial review?
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Judicial review can be considered undemocratic.
Judicial review can be considered undemocratic.
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What are the two types of government systems mentioned?
What are the two types of government systems mentioned?
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Match the following authority types to their descriptions:
Match the following authority types to their descriptions:
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What did South Africa's constitution use to establish democratic authority?
What did South Africa's constitution use to establish democratic authority?
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List the three spheres of government in South Africa.
List the three spheres of government in South Africa.
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What is meant by federalism?
What is meant by federalism?
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Does South Africa have an integrated model of federalism?
Does South Africa have an integrated model of federalism?
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Parliament may pass an Act designed to test the validity of a judgment of the Constitutional Court.
Parliament may pass an Act designed to test the validity of a judgment of the Constitutional Court.
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What does the doctrine of checks and balances entail?
What does the doctrine of checks and balances entail?
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Explain the role of the judiciary in maintaining checks and balances.
Explain the role of the judiciary in maintaining checks and balances.
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In De Lille v The Speaker of the National Assembly, the Cape High Court held that the exercise of parliamentary privileges would at all times be subject to judicial review irrespective of whether it was exercised in a proper manner.
In De Lille v The Speaker of the National Assembly, the Cape High Court held that the exercise of parliamentary privileges would at all times be subject to judicial review irrespective of whether it was exercised in a proper manner.
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What are parliamentary privileges?
What are parliamentary privileges?
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Explain whether the exercise of parliamentary privileges is subject to judicial review.
Explain whether the exercise of parliamentary privileges is subject to judicial review.
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Discuss the role of parliamentary committees.
Discuss the role of parliamentary committees.
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Can the President of South Africa veto a bill by refusing to sign it?
Can the President of South Africa veto a bill by refusing to sign it?
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What must the President do if they have reservations about a bill's constitutionality?
What must the President do if they have reservations about a bill's constitutionality?
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What is the definition of separation of powers?
What is the definition of separation of powers?
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A bill amending section 1 of the constitution requires a _____ majority in Parliament and a supporting vote of at least 6 provinces in the NCOP.
A bill amending section 1 of the constitution requires a _____ majority in Parliament and a supporting vote of at least 6 provinces in the NCOP.
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A bill amending any section in Chapter 2, the Bill of Rights, requires a _____ majority and a supporting vote of at least 6 of the provinces in the NCOP.
A bill amending any section in Chapter 2, the Bill of Rights, requires a _____ majority and a supporting vote of at least 6 of the provinces in the NCOP.
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What is meant by the concept of cooperative government?
What is meant by the concept of cooperative government?
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Which sections of the 1996 Constitution deal with cooperative government?
Which sections of the 1996 Constitution deal with cooperative government?
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What do Section 40 and 41 state regarding government responsibilities?
What do Section 40 and 41 state regarding government responsibilities?
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What are some examples of how the spheres of government interact?
What are some examples of how the spheres of government interact?
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Discuss the principles of cooperative government as set out in Chapter 3 of the 1996 Constitution.
Discuss the principles of cooperative government as set out in Chapter 3 of the 1996 Constitution.
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What are four examples of institutions designed to facilitate cooperative government?
What are four examples of institutions designed to facilitate cooperative government?
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What is legislative authority?
What is legislative authority?
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What are the two houses of Parliament in South Africa?
What are the two houses of Parliament in South Africa?
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List some functions of the National Assembly.
List some functions of the National Assembly.
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What is the difference between territorial and proportional representation?
What is the difference between territorial and proportional representation?
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Which system has South Africa adopted for its electoral process?
Which system has South Africa adopted for its electoral process?
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What is the free mandate theory?
What is the free mandate theory?
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What is the imperative mandate theory?
What is the imperative mandate theory?
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What must be submitted to the NA and NCOP when a bill is introduced?
What must be submitted to the NA and NCOP when a bill is introduced?
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How long after introduction may a bill not be put to assembly?
How long after introduction may a bill not be put to assembly?
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What is the final step for a bill once it is passed by the NA and NCOP?
What is the final step for a bill once it is passed by the NA and NCOP?
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What happens if the NCOP rejects a bill?
What happens if the NCOP rejects a bill?
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What options does the mediation committee have if a bill is rejected?
What options does the mediation committee have if a bill is rejected?
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What majority is required for the NA to pass a lapsed bill?
What majority is required for the NA to pass a lapsed bill?
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In which instance may the president refer a bill back to the National Assembly?
In which instance may the president refer a bill back to the National Assembly?
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What is one method the president can use to submit a bill to the Constitutional Court?
What is one method the president can use to submit a bill to the Constitutional Court?
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What is one significant difference between section 75 and section 76?
What is one significant difference between section 75 and section 76?
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Study Notes
Constitutionalism
- Government derives powers from, is bound by, and is limited by the constitution.
- Protection of fundamental rights, independent judiciary, the separation of powers between the legislature, the executive, and the judiciary, and democratic principles like universal adult suffrage and free and fair elections are crucial.
- Government in accordance with the law.
- No person is above the law.
- Every individual is subject to the ordinary law and the jurisdiction of the ordinary courts.
- Government by law, not by force.
The Rule of Law
- Government in accordance with the law.
- No person is above the law, and no person is punishable except for a distinct breach of the law established in the ordinary manner before the ordinary courts.
- Equality before the law, which means that every individual is subject to the ordinary law and the jurisdiction of the ordinary courts.
- General principles of British constitutional law are the result of judicial decisions confirming the common law.
Rechtsstaat
- Government by law, not by force.
- Formal criteria like due process, separation of powers, and legal certainty are required.
- State authority must be bound to higher legal values like human dignity, equality, freedom, and universal adult suffrage.
Representative Democracy
- Citizens vote for representatives to express their will.
- Citizens have a say in the way the state is governed.
- Free and regular elections, a multi-party system, universal adult suffrage, protection of minorities, and mechanisms to ensure government accountability are essential.
Constitutional Democracy
- Representatives in Parliament, provincial legislatures, and municipal councils are bound by the Constitution.
- Laws inconsistent with the Constitution are declared invalid by a court.
- A supreme constitution is needed to keep tabs on government action, prevent power concentration, provide for free and fair elections and universal adult suffrage, include a Bill of Rights, and ensure judicial independence.
Separation of Powers
- State authority is divided between the legislative, executive, and judicial functions.
- Legislative: Creates, amends, and repeals laws.
- Executive: Executes and enforces legal rules.
- Judicial: Interprets legal rules and applies them to specific situations.
- Prevents concentrating power in the hands of one person or body.
- Protects citizen freedom.
Cooperative Government
- Executive and legislative authority is shared between national, provincial, and local spheres of government.
- Each sphere coordinates and cooperates for the common good.
- Political flexibility, negotiation, compromise, and less reliance on rigid power distribution are emphasized.
- Brings government closer to the people, enhancing democracy.
Democracy
- Government by the people.
- Citizens have the right to participate in political decision-making.
- Free political discourse, tolerance of differences, and the right to participate in political decision-making are essential.
Direct Democracy vs. Representative Democracy
- Direct democracy: People directly make decisions through mechanisms such as referendums, initiatives, and recalls.
- Representative democracy: Citizens elect representatives to make decisions on their behalf.
- The text highlights representative democracy.
Judicial Review and Democracy
- Judges can declare laws invalid if they are inconsistent with the constitution.
- This can seem undemocratic as judges are not elected.
- However, it can be democratic as the South African Constitution was developed through democratic processes, and judicial review protects political rights and freedom of expression.
- Judicial review ensures that the legislature is accountable to the constitution.
Parliamentary vs. Presidential Systems
- Parliamentary system: The head of government (Prime Minister) is chosen by the legislature and responsible to it.
- Presidential system: The head of government (President) is elected separately from the legislature and is not directly responsible to it.
Separation of Powers and Checks and Balances
- Separation of powers divides government into legislative, executive, and judicial branches.
- Checks and balances give each branch power to restrain the others, ensuring balance.
- Judicial review acts as a check on the legislative and executive branches, making sure they comply with the Constitution.
Separation of Powers
- The separation of powers doctrine, also known as the "trias politica," divides state authority into three branches: legislative, executive, and judicial.
- Legislative authority: Creates, amends, and repeals laws.
- Executive authority: Executes and enforces legal rules.
- Judicial authority: Interprets legal rules and applies them to specific cases.
- The South African Constitution embodies separation of powers by defining the roles of each branch.
- The Constitution implements checks and balances primarily through judicial review, which allows for legal challenges to legislative or administrative actions.
- The judiciary acts as a watchdog over the legislative and executive branches, ensuring compliance with the Constitution.
Cooperative Government
- The South African Constitution establishes a system of cooperative government, which involves three spheres: national, provincial, and local.
- Each sphere has its own legislative, executive, and judicial branches, with the spheres working together while maintaining their independence.
- Each sphere is distinctive (has its own identity), interdependent (relies on others), and interrelated (connected and influencing each other).
- Cooperative government aims to ensure a balance of power, promote national unity, and address regional disparities.
Federalism
- Federalism divides government into two or more legal orders, neither of which is subordinate to the other.
- In a federal system, power and revenue sources are split, with some issues (e.g., defense, taxation, international trade) managed by the national government.
- The South African system has some federal features but also emphasizes cooperation between the spheres.
The Integrated Model of Federalism
- The South African system leans towards an integrated model of federalism, where national and provincial levels are closely coordinated and share powers.
- This model features extensive shared powers, with national government having limited exclusive power.
- Cooperative mechanisms, such as the National Council of Provinces, foster integration and dialogue.
Judicial Review in South Africa
- Judicial review allows courts to review laws and government actions for constitutional validity.
- This principle is crucial for protecting individual rights and ensuring the adherence of all branches of government to the Constitution.
- While judges are not directly elected, judicial review is considered democratic because it upholds the supremacy of the Constitution, which was democratically adopted.
The Intergovernmental Relationship
- The Constitution outlines specific principles that govern the relationship between the spheres of government.
- Section 40 establishes the distinctive, interdependent, and interrelated nature of the spheres.
- Section 41 sets forth guidelines for interaction and dispute resolution, emphasizing respect and cooperation between spheres.
- The national government has the authority to establish mechanisms to facilitate cooperation between the spheres, resolve disputes, and address issues arising from provincial disparities.
- The courts have a role in overseeing this process, ensuring compliance with the Constitution and the principles of cooperative government.
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Description
This quiz explores key principles of constitutionalism and the rule of law. It emphasizes the foundational role of the constitution in governing powers, protecting rights, and ensuring that no one is above the law. Test your understanding of these fundamental concepts that uphold democratic principles and judicial independence.