Podcast
Questions and Answers
What is the primary role of constitutional values according to the text?
What is the primary role of constitutional values according to the text?
- To ensure the letter of the law is followed
- To provide a patina of virtue to legal propositions
- To inform legal institutions and decisions with new power (correct)
- To deviate from the positivist idea of parliamentary supremacy
What has been the challenge in using values in the legal system post-1994?
What has been the challenge in using values in the legal system post-1994?
- The value-based dimension is too vague
- Lawyers have been too willing to deviate from the letter of the law
- Lawyers have been schooled in the positivist idea of parliamentary supremacy (correct)
- The Constitution does not provide clear guidance on values
What does the value-based dimension involve?
What does the value-based dimension involve?
- Ignoring the power dynamics in legal decisions
- Focusing solely on the letter of the law
- Making those values real through the making, interpretation, and application of the law (correct)
- Only paying lip service to constitutional values
What is the significance of the interpretation clause in Hlomisa v Argus Newspapers Ltd?
What is the significance of the interpretation clause in Hlomisa v Argus Newspapers Ltd?
What is required to make constitutional values a reality in the legal system?
What is required to make constitutional values a reality in the legal system?
What is the outcome of incorporating constitutional values into the legal system?
What is the outcome of incorporating constitutional values into the legal system?
What is the primary purpose of the Preamble in a statute?
What is the primary purpose of the Preamble in a statute?
What is the role of Headings to Chapters and Sections in statutory interpretation?
What is the role of Headings to Chapters and Sections in statutory interpretation?
How do Schedules relate to sections of an Act?
How do Schedules relate to sections of an Act?
What is the significance of the Definition Clause in statutory interpretation?
What is the significance of the Definition Clause in statutory interpretation?
What is the role of External Language Aids to Interpretation in statutory interpretation?
What is the role of External Language Aids to Interpretation in statutory interpretation?
What happens in case of a conflict between a Schedule and a section of an Act?
What happens in case of a conflict between a Schedule and a section of an Act?
What is the basis of the values that guide the legal process in South Africa?
What is the basis of the values that guide the legal process in South Africa?
What is the purpose of the notion of an open and democratic society?
What is the purpose of the notion of an open and democratic society?
What is the relationship between the values underlying the guarantees of fundamental rights and the circumstances of the particular case?
What is the relationship between the values underlying the guarantees of fundamental rights and the circumstances of the particular case?
What is ubuntu?
What is ubuntu?
Why is it important to consider the values underlying the guarantees of fundamental rights?
Why is it important to consider the values underlying the guarantees of fundamental rights?
What is the significance of the Constitutional values?
What is the significance of the Constitutional values?
What is the relationship between South African courts and international law?
What is the relationship between South African courts and international law?
How does an international treaty become part of South African law?
How does an international treaty become part of South African law?
What is the status of customary international law in South Africa?
What is the status of customary international law in South Africa?
What is the purpose of Section 233 of the Constitution?
What is the purpose of Section 233 of the Constitution?
What is the limitation on using foreign law in South African courts?
What is the limitation on using foreign law in South African courts?
What is the approach that South African courts should take when interpreting legislation in relation to international law?
What is the approach that South African courts should take when interpreting legislation in relation to international law?
Who is likely to provide an explanation of legislation shortly after its adoption?
Who is likely to provide an explanation of legislation shortly after its adoption?
What is Subsecuta Observatio?
What is Subsecuta Observatio?
What is the significance of long-term use in Subsecuta Observatio?
What is the significance of long-term use in Subsecuta Observatio?
What is the purpose of the Comparative Dimension?
What is the purpose of the Comparative Dimension?
What is the limitation of the Comparative Dimension?
What is the limitation of the Comparative Dimension?
What is the context in which the Comparative Dimension is prescribed?
What is the context in which the Comparative Dimension is prescribed?