Montesquieu's Principles of Separation of Powers

Montesquieu's Principles of Separation of Powers

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Questions and Answers

Which country has a strict application of the doctrine of separation of powers?

United States

In which year did the Constitutional Principle VI explicitly provide for the separation of powers in South Africa?

1993

Which court case established that the doctrine of separation of powers is part of South Africa's constitutional design?

Glenister v President of the Republic of South Africa

Which institution may not interfere with the sentencing of convicted criminals in South Africa?

<p>The Executive</p> Signup and view all the answers

Which function is exclusively an Executive function in South Africa?

<p>Investigating crimes</p> Signup and view all the answers

Which institution may not appoint a head of a criminal investigation unit in South Africa?

<p>The Judiciary</p> Signup and view all the answers

What is the main objective of the separation of powers in a government?

<p>To prevent the abuse of power within different spheres of government</p> Signup and view all the answers

What is the primary reason for the separation of personnel in a government?

<p>To prevent a person from serving in multiple branches of government</p> Signup and view all the answers

What is the purpose of checks and balances in a government?

<p>To allow for each branch to oversee the actions of the others</p> Signup and view all the answers

What is the result of complete separation of powers in a government?

<p>Not possible in theory or practice</p> Signup and view all the answers

Which of the following is an example of a check on the executive branch?

<p>The judiciary reviewing executive conduct</p> Signup and view all the answers

What is the primary benefit of the separation of powers in a government?

<p>Prevention of power abuse and maintenance of balance</p> Signup and view all the answers

What is the primary function of judges according to the Roman law maxim?

<p>To state the law</p> Signup and view all the answers

What is the outcome of creating precedents in the court system?

<p>New rules are formulated</p> Signup and view all the answers

What is the specific power granted to courts under the new Constitution?

<p>To review legislation and develop the common law</p> Signup and view all the answers

What is the purpose of decentralizing government functions?

<p>To bring the functions of government closer to the people</p> Signup and view all the answers

How many distinct spheres of government are there in the system?

<p>3</p> Signup and view all the answers

In which section of the Constitution is the Legislative Authority of the national sphere of government vested?

<p>Section 43</p> Signup and view all the answers

What is the minimum percentage of votes required in the National Assembly for a Bill to be signed into law by the President if no agreement is reached in the mediation committee?

<p>66.6%</p> Signup and view all the answers

What was the effect of the 2012 amendment to Section 167(3) of the Constitution?

<p>The Constitutional Court became the highest court in all matters.</p> Signup and view all the answers

How many constitutional amendments were made by 2018?

<p>17</p> Signup and view all the answers

What happens if the National Council of Provinces (NCoP) rejects an Ordinary Bill Affecting Provinces?

<p>The Bill is referred to a mediation committee.</p> Signup and view all the answers

What is the minimum number of provinces required to support an Ordinary Bill Affecting Provinces for it to be signed into law by the President?

<p>5</p> Signup and view all the answers

What is the main purpose of the Office of the Public Protector?

<p>To investigate maladministration and protect the public</p> Signup and view all the answers

How often must the institutions report to the National Assembly?

<p>At least once a year</p> Signup and view all the answers

What is the term of office for the Public Protector?

<p>Seven years</p> Signup and view all the answers

Who appoints the Public Protector?

<p>The State President</p> Signup and view all the answers

What is the primary obligation of institutions in terms of exercising their powers?

<p>To exercise their powers without fear or favour</p> Signup and view all the answers

What is the role of other state organs in relation to these institutions?

<p>To assist and ensure their independence</p> Signup and view all the answers

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