High Court of South Africa's Jurisdiction in Constitutional Matters

What is transformative constitutionalism?

Transformative constitutionalism is a way of interpreting the Constitution and its role in society. It involves activism in the adjudication of rights, focusing on achieving substantive equality and justice, and empowering marginalized segments of society through the protection of socio-economic rights.

What criticisms are associated with transformative constitutionalism?

Some criticisms include the argument that it obscures how the law is political, that it maintains inequality from South Africa's exclusionary past, that it limits civil liberties and rights, and that it puts more power on the state to be coercive and oppressive.

What is the role of Judicial Authority in the separation of powers?

Judicial Authority is the arm of the government that is specifically entrusted to have authority over the courts, which are responsible for legal adjudication.

Name three courts established in terms of the Constitution.

The Constitutional Court, The Supreme Court of Appeal, The High Court of South Africa Signup and view all the answers

How many judges are in the Constitutional Court?

11 Signup and view all the answers

What is the jurisdiction of the Constitutional Court?

Deciding constitutional matters, confirming the invalidity of an Act of Parliament, deciding on the amendment of the constitution, deciding that Parliament or the President has failed to fulfill a constitutional obligation, deciding on the constitutionality of any Parliamentary or Provincial Bill Signup and view all the answers

What is the jurisdiction of the Supreme Court of Appeal?

Deciding appeals in any matter arising from the High Court of South Africa or a court of a similar status to a High Court (Labour Court) except in matters related to competition or labour Signup and view all the answers

What is the jurisdiction of the High Court of South Africa?

The High Court of South Africa has the jurisdiction to decide any constitutional matter except those granted direct access by the Constitutional Court or assigned to another court by an Act of Parliament. Signup and view all the answers

What is the jurisdiction of the Magistrate's Court?

The jurisdiction of the Magistrate's Court is provided for by national legislation, specifically the Magistrate's Court Act 32 of 1944. Signup and view all the answers

Under what circumstances can a judge be removed from office?

A judge can be removed from office if the Judicial Service Commission finds them to be incapacitated, grossly incompetent, or guilty of gross misconduct, and the National Assembly calls for their removal with a supporting vote of two-thirds of its members. Signup and view all the answers

What are the functions of the South African Human Rights Commission?

The functions of the South African Human Rights Commission include promoting a respect for human rights and a culture of human rights, monitoring and assessing the observance of human rights in the republic, and taking steps to secure appropriate redress where human rights have been violated. Signup and view all the answers

What are some of the powers of the Commission for Gender Equality?

To monitor issues concerning gender equality, to investigate issues concerning gender equality, to research issues concerning gender equality, to educate on issues concerning gender equality, to lobby on issues concerning gender equality, to advise on issues concerning gender equality, to report on issues concerning gender equality. Signup and view all the answers

What is the function of the Public Protector?

To investigate conduct in any state affairs, or in the public administration in any sphere of government, that is alleged or suspected to be improper or to result in any impropriety or prejudice. To report on that conduct. To take appropriate remedial action. Signup and view all the answers

Is the remedial action of the Public Protector binding?

The remedial action of the Public Protector is often (but not always) binding. Whether it is binding or not depends on the kind of remedial action taken. If it is phrased as a recommendation, it will most likely not be binding. If it is phrased as an instruction, it will likely be binding. When remedial action is binding, compliance is not optional and ignoring it may have legal consequences. Signup and view all the answers