Formal and Substantive Justice in Law
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Questions and Answers

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?

  • 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?

  • 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?

    <p>Personal consumption of dagga is constitutional.</p> Signup and view all the answers

    What is the relationship between law and justice, according to the text?

    <p>Law is a means to achieve justice.</p> Signup and view all the answers

    What is the primary role of the Constitutional Court, according to Judge Chaskalson?

    <p>To interpret the Constitution.</p> Signup and view all the answers

    What is the main difference between formal and procedural law?

    <p>Formal law deals with the content of law, while procedural law deals with the application of law.</p> Signup and view all the answers

    What is the significance of the S v Makwanyane case in the context of Constitutional Rights?

    <p>It declared the death penalty unconstitutional.</p> Signup and view all the answers

    What is a crucial aspect of a democratic legal system?

    <p>Reflecting the cultural beliefs and values of the society</p> Signup and view all the answers

    Which branch of the government is responsible for the enforcement of laws?

    <p>Executive</p> Signup and view all the answers

    What can occur if the legal rules do not reflect the current values of society?

    <p>A legitimacy crisis</p> Signup and view all the answers

    What is a norm in the context of law and morality?

    <p>A standard of human conduct</p> Signup and view all the answers

    What is the main function of the Judiciary in the context of law?

    <p>To apply laws</p> Signup and view all the answers

    What is an example of a source of South African law?

    <p>The Constitution of the Republic of South Africa, 1996</p> Signup and view all the answers

    What is the relationship between law and morality?

    <p>Law is a set of norms that distinguishes good from bad</p> Signup and view all the answers

    What is an example of a Constitutional right in South Africa?

    <p>The right to smoke dagga in private</p> Signup and view all the answers

    What does substantive justice focus on?

    <p>The content and fairness of the legal rules</p> Signup and view all the answers

    Which law relates to how the police should handle an arrest?

    <p>Procedural law</p> Signup and view all the answers

    Which jurisprudential approach separates law from morality and focuses strictly on statutory rules?

    <p>Positive law</p> Signup and view all the answers

    What is required for the police to search a vehicle at a roadblock?

    <p>A search warrant under the Criminal Procedure Act 51 of 1977</p> Signup and view all the answers

    What is the main element of procedural law?

    <p>Regulation of enforcement methods</p> Signup and view all the answers

    Which case exemplified the separation of law from morality under positive law?

    <p>S v Adams; S v Werner</p> Signup and view all the answers

    What concept requires that a Parliament’s laws are to be followed even if perceived as unfair?

    <p>Parliamentary Sovereignty</p> Signup and view all the answers

    Which legal concept separates the fairness or justness of the law from its practical enforcement?

    <p>Formal law</p> Signup and view all the answers

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