Interpreting the Constitution
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Questions and Answers

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?

    <p>Respect for human dignity</p> Signup and view all the answers

    Is ubuntu explicitly referred to in the Constitution of 1996?

    <p>No, it is not mentioned at all</p> Signup and view all the answers

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

    <p>S v Makwanyane</p> Signup and view all the answers

    What values does ubuntu envelop?

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

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

    <p>It is implied in the references to human dignity</p> Signup and view all the answers

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

    <p>Read together and attempt to consolidate using context.</p> Signup and view all the answers

    What is the role of context in interpreting the Constitution?

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

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

    <p>The common denominator is applied.</p> Signup and view all the answers

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

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

    What is the purpose of signing legislation?

    <p>To formalize the legislation as part of the prescribed procedure.</p> Signup and view all the answers

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

    <p>The English text prevails.</p> Signup and view all the answers

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

    <p>All versions of delegated legislation were signed.</p> Signup and view all the answers

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

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

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

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

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

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

    What is the purpose of Section 233 of the Constitution?

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

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

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

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

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

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

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

    What is the significance of the S v Zuma case?

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

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

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

    What is the purpose of the Preamble in a legislation?

    <p>To outline the broad principles of the statute</p> Signup and view all the answers

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

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

    What is the general rule regarding Schedules in legislation?

    <p>Schedules have the same force of law as sections</p> Signup and view all the answers

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

    <p>The section prevails</p> Signup and view all the answers

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

    <p>To outline the broad principles of the statute with more detail</p> Signup and view all the answers

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

    <p>They are only guidelines and not decisive</p> Signup and view all the answers

    What is the purpose of the Definition Clause?

    <p>To define key terms used in the legislation</p> Signup and view all the answers

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

    <p>It provides a short description of the subject matter</p> Signup and view all the answers

    What is the Preamble of the Constitution considered to be?

    <p>A fundamental part of the Constitution that underlies all subsequent text</p> Signup and view all the answers

    What is the significance of repealed legislation in interpretation?

    <p>It is used as part of the context of the remaining legislation</p> Signup and view all the answers

    What is the role of committees in the legislative process?

    <p>They discuss and debate bills before parliament</p> Signup and view all the answers

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

    <p>To promote social transformation</p> Signup and view all the answers

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

    <p>They are put together to find meaning</p> Signup and view all the answers

    What is the significance of the Constitutional values?

    <p>They underlie and reinforce the Constitution</p> Signup and view all the answers

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

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

    What is the role of the Preamble in the Constitution?

    <p>It connects, reinforces, and underlies all subsequent text</p> Signup and view all the answers

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