17 Questions
What did the Constitutional Court in Christian Education South Africa v Minister of Education 2000(4) SA 757 (CC) rule?
Children's constitutional rights always trump religious freedom.
In what situations might an individual's morality conflict with the law?
When an individual's conscience is at odds with legal requirements.
What does 'community mores' refer to?
Collective morals and norms within a community.
What is the relationship between individual morality and legal rules according to the text?
Individual morality and legal rules often overlap.
How does the law generally treat an individual's personal conflicts, like the one about consuming alcohol?
The law completely disregards an individual's internal conflicts.
What is the main duty vested in the Courts according to the text?
Interpreting the Constitution and upholding its provisions without fear or favour
Why can legal certainty be difficult to achieve according to the text?
Due to language, changing values, and judicial activism
What factor makes legal rules unpredictable?
Words having multiple possible interpretations
How does the law adapt to changing values of a community?
Through legislative measures
Which aspect of law makes it difficult for legal practitioners and ordinary people to understand?
Interpretation requirements
Why is public opinion not a substitute for the duty vested in the Courts according to the text?
Because Courts must interpret the Constitution without bias
What does judicial discretion refer to?
The creative interpretation of laws by judges
In a constitutional state based on dignity, equality, and freedom, what are the government's duties?
To promote and uphold such values
What is meant by judicial activism?
Judges using their discretion creatively for social change
How does judicial activism differ from deferential judges?
Judicial activism creatively interprets laws, while deferential judges defer to other branches
What do the spirit, purport, and objects of the Bill of Rights help in establishing in a constitutional state?
A foundation of dignity, equality, and freedom
How does judicial discretion highlight subjective prejudices and attitudes?
By showcasing personal biases in legal decisions
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.
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.
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