Podcast
Questions and Answers
What was the decision of the Constitutional Court in the S v Makwanyane case?
What was the decision of the Constitutional Court in the S v Makwanyane case?
- The death penalty was deemed constitutional.
- The death penalty was deemed unconstitutional. (correct)
- The court ruled that public opinion should determine the sentence.
- The court ruled that the death penalty was only applicable to certain cases.
What is the main difference between procedural and substantive law?
What is the main difference between procedural and substantive law?
- Procedural law deals with the application of law, while substantive law deals with the content of law. (correct)
- Procedural law deals with legal rules, while substantive law deals with moral principles.
- Procedural law deals with the content of law, while substantive law deals with the application of law.
- Procedural law deals with moral principles, while substantive law deals with legal rules.
Why did Judge Chaskalson reject the idea of considering public opinion in the S v Makwanyane case?
Why did Judge Chaskalson reject the idea of considering public opinion in the S v Makwanyane case?
- Because public opinion is always contrary to the Constitution.
- Because public opinion is irrelevant to Constitutional matters.
- Because public opinion is not a substitute for Constitutional interpretation. (correct)
- Because public opinion is always based on emotion rather than reason.
What is the implication of the Constitutional Court's decision in the Prince case?
What is the implication of the Constitutional Court's decision in the Prince case?
What is the relationship between law and justice, according to the text?
What is the relationship between law and justice, according to the text?
What is the primary role of the Constitutional Court, according to Judge Chaskalson?
What is the primary role of the Constitutional Court, according to Judge Chaskalson?
What is the main difference between formal and procedural law?
What is the main difference between formal and procedural law?
What is the significance of the S v Makwanyane case in the context of Constitutional Rights?
What is the significance of the S v Makwanyane case in the context of Constitutional Rights?
What is a crucial aspect of a democratic legal system?
What is a crucial aspect of a democratic legal system?
Which branch of the government is responsible for the enforcement of laws?
Which branch of the government is responsible for the enforcement of laws?
What can occur if the legal rules do not reflect the current values of society?
What can occur if the legal rules do not reflect the current values of society?
What is a norm in the context of law and morality?
What is a norm in the context of law and morality?
What is the main function of the Judiciary in the context of law?
What is the main function of the Judiciary in the context of law?
What is an example of a source of South African law?
What is an example of a source of South African law?
What is the relationship between law and morality?
What is the relationship between law and morality?
What is an example of a Constitutional right in South Africa?
What is an example of a Constitutional right in South Africa?
What does substantive justice focus on?
What does substantive justice focus on?
Which law relates to how the police should handle an arrest?
Which law relates to how the police should handle an arrest?
Which jurisprudential approach separates law from morality and focuses strictly on statutory rules?
Which jurisprudential approach separates law from morality and focuses strictly on statutory rules?
What is required for the police to search a vehicle at a roadblock?
What is required for the police to search a vehicle at a roadblock?
What is the main element of procedural law?
What is the main element of procedural law?
Which case exemplified the separation of law from morality under positive law?
Which case exemplified the separation of law from morality under positive law?
What concept requires that a Parliament’s laws are to be followed even if perceived as unfair?
What concept requires that a Parliament’s laws are to be followed even if perceived as unfair?
Which legal concept separates the fairness or justness of the law from its practical enforcement?
Which legal concept separates the fairness or justness of the law from its practical enforcement?
