Exploring Transformative Constitutionalism

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Which principle has been rejected in accordance with the judgment in the case of Pharmaceutical Manufacturers of South: In re: Ex parte President of the Republic of South Africa 2000 (2) SA 674 (CC)?

The principle of parliamentary sovereignty (correct)

The principle of judicial review

The principle of control of public power

The principle of rule of law

What is the main role of the judiciary in a democratic country?

To assist with ensuring the independence of the courts

To ensure the independence of the executive branch

To review legislation

To control public power (correct)

Who is the head of the judiciary according to Section 165 of the South African Constitution?

The Chief Justice (correct)

The President of the Republic of South Africa

The President of South Africa

The President of the Pharmaceutical Manufacturers of South

According to the Constitution of the Republic of South Africa Act 108 of 1996, which section states that the Constitution is the 'supreme law in the Republic' and any law or conduct inconsistent with it is invalid?

Section 2 Signup and view all the answers

What is the importance of knowing the history of the judiciary prior to democracy?

To appreciate the value of constitutional supremacy Signup and view all the answers

What is the constitutional role of the judiciary in South Africa?

To ensure separation of powers Signup and view all the answers

Which court is responsible for establishing and monitoring the norms and standards for the exercise of the judicial functions of all courts?

Constitutional Court Signup and view all the answers

Which court serves as the deputy leader of the judiciary?

Constitutional Court Signup and view all the answers

Which court is headed by the President of the SCA?

Supreme Court of Appeal Signup and view all the answers

Which court consists of Divisions determined by an Act of Parliament and acts as both a court of first instance and as a court hearing appeals from the lower courts?

High Court of South Africa Signup and view all the answers

What is the core difference between parliamentary sovereignty and constitutional supremacy?

Parliamentary sovereignty allows for the legislature to make and repeal laws, while constitutional supremacy establishes the constitution as the ultimate authority for law-making. Signup and view all the answers

What is the purpose of the tripartite separation of powers?

To ensure that major decisions made by those in power can be checked and held accountable by another arm of state. Signup and view all the answers

What does transformative constitutionalism aim to achieve?

To transform South Africa from its deeply divided, unequal past into a society founded on equality, dignity, and freedom. Signup and view all the answers

What happens to a rule that is inconsistent with a constitutional rule?

It becomes an invalid rule. Signup and view all the answers

Which of the following best describes transformative constitutionalism?

A deliberate effort to empower previously excluded segments of society through the protection of socio-economic rights Signup and view all the answers

What was the role of judges in the apartheid era?

To ascertain the intention of the apartheid legislature through the text of the legislation Signup and view all the answers

What is the significance of Section 174 (2) of the Constitution of the Republic of South Africa Act 108 of 1996?

It emphasizes the need for judges to reflect broadly the racial and gender composition of South Africa Signup and view all the answers

What is the role of the judiciary in legal adjudication?

To resolve disputes through determining how the applicable law should be applied Signup and view all the answers

Exploring Transformative Constitutionalism

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