Podcast
Questions and Answers
What did the Constitutional Court in Christian Education South Africa v Minister of Education 2000(4) SA 757 (CC) rule?
What did the Constitutional Court in Christian Education South Africa v Minister of Education 2000(4) SA 757 (CC) rule?
- Religious freedom should always prevail over children's rights.
- Children's constitutional rights always trump religious freedom. (correct)
- Corporal punishment is a fundamental right in South Africa.
- Children's rights should not be considered in religious matters.
In what situations might an individual's morality conflict with the law?
In what situations might an individual's morality conflict with the law?
- When the law disregards all moral considerations.
- When the law enforces individual moral beliefs.
- When an individual's conscience is at odds with legal requirements. (correct)
- When an individual's moral views align perfectly with legal rules.
What does 'community mores' refer to?
What does 'community mores' refer to?
- Individual moral beliefs conflicting with societal norms.
- Judicial enforcement of community values.
- The supremacy of individual morality over community standards.
- Collective morals and norms within a community. (correct)
What is the relationship between individual morality and legal rules according to the text?
What is the relationship between individual morality and legal rules according to the text?
How does the law generally treat an individual's personal conflicts, like the one about consuming alcohol?
How does the law generally treat an individual's personal conflicts, like the one about consuming alcohol?
What is the main duty vested in the Courts according to the text?
What is the main duty vested in the Courts according to the text?
Why can legal certainty be difficult to achieve according to the text?
Why can legal certainty be difficult to achieve according to the text?
What factor makes legal rules unpredictable?
What factor makes legal rules unpredictable?
How does the law adapt to changing values of a community?
How does the law adapt to changing values of a community?
Which aspect of law makes it difficult for legal practitioners and ordinary people to understand?
Which aspect of law makes it difficult for legal practitioners and ordinary people to understand?
Why is public opinion not a substitute for the duty vested in the Courts according to the text?
Why is public opinion not a substitute for the duty vested in the Courts according to the text?
What does judicial discretion refer to?
What does judicial discretion refer to?
In a constitutional state based on dignity, equality, and freedom, what are the government's duties?
In a constitutional state based on dignity, equality, and freedom, what are the government's duties?
What is meant by judicial activism?
What is meant by judicial activism?
How does judicial activism differ from deferential judges?
How does judicial activism differ from deferential judges?
What do the spirit, purport, and objects of the Bill of Rights help in establishing in a constitutional state?
What do the spirit, purport, and objects of the Bill of Rights help in establishing in a constitutional state?
How does judicial discretion highlight subjective prejudices and attitudes?
How does judicial discretion highlight subjective prejudices and attitudes?
Study Notes
Interpreting the Bill of Rights
- The Bill of Rights is interpreted in the context of a constitutional state that values dignity, equality, and freedom, with the government having a positive duty to promote and uphold these values.
Judicial Discretion
- Judges have discretion when applying the law, which can lead to subjective prejudices and attitudes.
- Judicial activism involves judges using their discretion to interpret the law in a way that effects social change.
- Deferential judges, on the other hand, curtail their discretion and often allow the executive or legislature to effect social change.
Morality and Law
- Individual morality concerns an individual's ideal self-image and may have the same content as an individual's religious views.
- Sanctions for non-compliance with individual morality are varying degrees of pangs of conscience.
- The law does not enforce morality per se, but individual morality may have the same content as legal rules (e.g., honesty).
Community Mores
- Community mores refer to the norms of a whole community or group within that community, including etiquette, fashion, and views about interracial marriage.
Legal Certainty
- Legal certainty means that the law is predictable, consistently applied, and has a fixed and certain content.
- Factors such as language, changing values, and judicial discretion can make legal certainty difficult to achieve.
- Language is a significant factor, as words can have multiple meanings and require interpretation.
- Changing values require the law to adapt to remain effective, primarily through legislation.
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Description
Explore the relationship between legal interpretation, public opinion, and legal certainty in upholding the Constitution. Learn about the importance of consistent application of the law and its fixed content.
