Law and Certainty: Legal Interpretation and Public Opinion
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Law and Certainty: Legal Interpretation and Public Opinion

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Questions and Answers

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?

  • 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?

  • 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?

    <p>Individual morality and legal rules often overlap.</p> Signup and view all the answers

    How does the law generally treat an individual's personal conflicts, like the one about consuming alcohol?

    <p>The law completely disregards an individual's internal conflicts.</p> Signup and view all the answers

    What is the main duty vested in the Courts according to the text?

    <p>Interpreting the Constitution and upholding its provisions without fear or favour</p> Signup and view all the answers

    Why can legal certainty be difficult to achieve according to the text?

    <p>Due to language, changing values, and judicial activism</p> Signup and view all the answers

    What factor makes legal rules unpredictable?

    <p>Words having multiple possible interpretations</p> Signup and view all the answers

    How does the law adapt to changing values of a community?

    <p>Through legislative measures</p> Signup and view all the answers

    Which aspect of law makes it difficult for legal practitioners and ordinary people to understand?

    <p>Interpretation requirements</p> Signup and view all the answers

    Why is public opinion not a substitute for the duty vested in the Courts according to the text?

    <p>Because Courts must interpret the Constitution without bias</p> Signup and view all the answers

    What does judicial discretion refer to?

    <p>The creative interpretation of laws by judges</p> Signup and view all the answers

    In a constitutional state based on dignity, equality, and freedom, what are the government's duties?

    <p>To promote and uphold such values</p> Signup and view all the answers

    What is meant by judicial activism?

    <p>Judges using their discretion creatively for social change</p> Signup and view all the answers

    How does judicial activism differ from deferential judges?

    <p>Judicial activism creatively interprets laws, while deferential judges defer to other branches</p> Signup and view all the answers

    What do the spirit, purport, and objects of the Bill of Rights help in establishing in a constitutional state?

    <p>A foundation of dignity, equality, and freedom</p> Signup and view all the answers

    How does judicial discretion highlight subjective prejudices and attitudes?

    <p>By showcasing personal biases in legal decisions</p> Signup and view all the answers

    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 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.

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