Interpreting the Constitution

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What is the concept of ubuntu often translated to in its most fundamental sense?

Human rights

Constitutional jurisprudence

Group solidarity

Personhood and morality (correct)

What is ubuntu considered to be a bridge between?

Communal African traditions and Western traditions (correct)

Eastern and Western philosophies

Ancient and modern values

African and Asian traditions

In what year was the postamble of the English text referred to ubuntu?

1990

2000

1996

1993 (correct)

What is emphasized by the spirit of ubuntu?

Respect for human dignity Signup and view all the answers

Is ubuntu explicitly referred to in the Constitution of 1996?

No, it is not mentioned at all Signup and view all the answers

What is the name of the court case where ubuntu was applied?

S v Makwanyane Signup and view all the answers

What values does ubuntu envelop?

Group solidarity, compassion, respect, human dignity, and conformity to basic norms Signup and view all the answers

What is argued about ubuntu's presence in the Constitution?

It is implied in the references to human dignity Signup and view all the answers

What happens if the language versions of legislation differ but do not conflict?

Read together and attempt to consolidate using context. Signup and view all the answers

What is the role of context in interpreting the Constitution?

To consolidate language versions that differ but do not conflict. Signup and view all the answers

What happens if one language version of legislation is wider than the other?

The common denominator is applied. Signup and view all the answers

What is the approach to conflicting language versions of subordinate legislation?

Give effect to the one that better benefits the person concerned. Signup and view all the answers

What is the purpose of signing legislation?

To formalize the legislation as part of the prescribed procedure. Signup and view all the answers

What is the rule regarding conflicting language versions of the Constitution?

The English text prevails. Signup and view all the answers

What was the approach to conflicting language versions of delegated legislation in the past?

All versions of delegated legislation were signed. Signup and view all the answers

What is the significance of the signed text in the context of legislation?

It cannot be relied on to solve conflicts between the texts. Signup and view all the answers

What is the limitation in using foreign law to interpret South African law?

It can only be used as a guideline if it does not contravene the Constitution or South African common law. Signup and view all the answers

What is the status of an international treaty in South African law?

It becomes South African law when it is enacted into law by national legislation. Signup and view all the answers

What is the purpose of Section 233 of the Constitution?

To confirm the common law presumption that legislation does not violate international law. Signup and view all the answers

What is the role of customary international law in South African law?

It is law unless it is inconsistent with the Constitution or an Act. Signup and view all the answers

What is the approach to be taken when applying international human rights and foreign law in South Africa?

Apply them with due regard for the South African context. Signup and view all the answers

What is the limitation in using international law in South African courts?

It can only be used as a guideline if it is consistent with the Constitution and South African common law. Signup and view all the answers

What is the significance of the S v Zuma case?

It established that we can derive assistance from international law and foreign case law but we are not bound to follow it. Signup and view all the answers

What is the relationship between international law and South African law?

International law can inform and influence South African law, but it is not binding. Signup and view all the answers

What is the purpose of the Preamble in a legislation?

To outline the broad principles of the statute Signup and view all the answers

What is the role of Headings to Chapters and Sections in interpretation?

To determine the purpose of the legislation only when the rest of the provision is unclear Signup and view all the answers

What is the general rule regarding Schedules in legislation?

Schedules have the same force of law as sections Signup and view all the answers

What happens in case of a conflict between a Schedule and a section?

The section prevails Signup and view all the answers

What is the purpose of Express Purpose Clauses and Interpretation Guidelines?

To outline the broad principles of the statute with more detail Signup and view all the answers

What is the role of Dictionaries and Linguistic evidence in interpretation?

They are only guidelines and not decisive Signup and view all the answers

What is the purpose of the Definition Clause?

To define key terms used in the legislation Signup and view all the answers

What is the significance of the Long title in a legislation?

It provides a short description of the subject matter Signup and view all the answers

What is the Preamble of the Constitution considered to be?

A fundamental part of the Constitution that underlies all subsequent text Signup and view all the answers

What is the significance of repealed legislation in interpretation?

It is used as part of the context of the remaining legislation Signup and view all the answers

What is the role of committees in the legislative process?

They discuss and debate bills before parliament Signup and view all the answers

What is the aim of the Constitution, according to the case of Bisset v Buffalo City Municipality?

To promote social transformation Signup and view all the answers

What is the relationship between the constitutional values and the text in legal interpretation?

They are put together to find meaning Signup and view all the answers

What is the significance of the Constitutional values?

They underlie and reinforce the Constitution Signup and view all the answers

What is the approach to interpreting legislation that has been partially repealed?

The remaining provisions are interpreted in their context, including the repealed provisions Signup and view all the answers

What is the role of the Preamble in the Constitution?

It connects, reinforces, and underlies all subsequent text Signup and view all the answers