12 Questions
What is the competence of the judicial branch of democratic constitutional government?
Adjudication
In adjudication, what does a court interpret?
Applicable law and particular facts
What part of the law pertains to the specific facts from which a dispute arises?
Applicable law
Which concept refers to a judge deciding a dispute in accordance with the applicable law?
Adjudication
What is presented to a court in every case that it must apply according to the provided facts?
Text of the law
What does Karl Klare argue about adjudication in democratic constitutional countries?
It creates precedent and makes law
In what way does adjudication routinely involve a court?
Interpreting applicable law and facts
In a legal system with the separation of powers, what function does the judicial branch serve?
Counterweight to the legislative and executive branches
What does the South African Constitution emphasize about the independence of courts?
Impartial application of the law without influence
Why is an independent judiciary considered a key pillar of the rule of law?
To ensure peaceful institutional dispute resolution
What fundamental principles does the rule of law include according to the text?
Prohibition against self-help and right to challenge legality
What does section 34 of the Constitution guarantee according to the text?
'Every one has a right to have any dispute decided in a fair public hearing'
Test your knowledge on the importance of independence and impartiality in adjudication, as well as the meaning of these concepts in the judiciary. Explore the role of the judicial branch and the doctrine of separation of powers in democratic constitutional government.
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