24 Questions
What was the decision of the Constitutional Court in the S v Makwanyane case?
The death penalty was deemed unconstitutional.
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.
Why did Judge Chaskalson reject the idea of considering public opinion in the S v Makwanyane case?
Because public opinion is not a substitute for Constitutional interpretation.
What is the implication of the Constitutional Court's decision in the Prince case?
Personal consumption of dagga is constitutional.
What is the relationship between law and justice, according to the text?
Law is a means to achieve justice.
What is the primary role of the Constitutional Court, according to Judge Chaskalson?
To interpret the Constitution.
What is the main difference between formal and procedural law?
Formal law deals with the content of law, while procedural law deals with the application of law.
What is the significance of the S v Makwanyane case in the context of Constitutional Rights?
It declared the death penalty unconstitutional.
What is a crucial aspect of a democratic legal system?
Reflecting the cultural beliefs and values of the society
Which branch of the government is responsible for the enforcement of laws?
Executive
What can occur if the legal rules do not reflect the current values of society?
A legitimacy crisis
What is a norm in the context of law and morality?
A standard of human conduct
What is the main function of the Judiciary in the context of law?
To apply laws
What is an example of a source of South African law?
The Constitution of the Republic of South Africa, 1996
What is the relationship between law and morality?
Law is a set of norms that distinguishes good from bad
What is an example of a Constitutional right in South Africa?
The right to smoke dagga in private
What does substantive justice focus on?
The content and fairness of the legal rules
Which law relates to how the police should handle an arrest?
Procedural law
Which jurisprudential approach separates law from morality and focuses strictly on statutory rules?
Positive law
What is required for the police to search a vehicle at a roadblock?
A search warrant under the Criminal Procedure Act 51 of 1977
What is the main element of procedural law?
Regulation of enforcement methods
Which case exemplified the separation of law from morality under positive law?
S v Adams; S v Werner
What concept requires that a Parliament’s laws are to be followed even if perceived as unfair?
Parliamentary Sovereignty
Which legal concept separates the fairness or justness of the law from its practical enforcement?
Formal law
This quiz covers the difference between formal and substantive justice in law, including the application of procedural law and the content of rules. Learn about the principles of justice and how they are applied in practice.
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