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Parliamentary Sovereignty vs
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Parliamentary Sovereignty vs

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Questions and Answers

Which date was Chief Justice Ngcobo appointed as a judge?

  • 15 August 1999
  • 15 August 2011
  • 15 April 1996 (correct)
  • 12 October 2009

    • How long must a judge serve at the Constitutional Court if they have served a minimum of three years at another court before their appointment?

  • 12 years (correct)
  • 9 years
  • 18 years
  • 15 years

    • How long has Chief Justice Ngcobo served as a judge and Constitutional Court judge by 15 August 2011?

  • 21 years and 3 months
  • 15 years and 3 months (correct)
  • 12 years and 3 months
  • 18 years and 3 months

    • Which section of the Constitution provides a guarantee against the interference with the functioning of courts?

    <p>Section 165</p> Signup and view all the answers

    Who is the head of the judiciary in South Africa?

    <p>The Chief Justice</p> Signup and view all the answers

    Which court has its seat in Bloemfontein?

    <p>The Supreme Court of Appeal</p> Signup and view all the answers

    Which court/s act as both a court of first instance and as a court hearing appeals from the lower courts?

    <p>The High Court of South Africa</p> Signup and view all the answers

    Which model does the United Kingdom operate under?

    <p>Parliamentary sovereignty</p> Signup and view all the answers

    What is the core difference between parliamentary sovereignty and constitutional supremacy?

    <p>The legislature arm of state</p> Signup and view all the answers

    What is the common model for the separation of powers known as?

    <p>Trias politica</p> Signup and view all the answers

    What does transformative constitutionalism often include?

    <p>Justiciable socio-economic rights</p> Signup and view all the answers

    Which of the following is a characteristic of transformative constitutionalism?

    <p>Focus on substantive equality and justice</p> Signup and view all the answers

    What criticism is often raised against transformative constitutionalism?

    <p>It obscures law and politics</p> Signup and view all the answers

    Under the system of parliamentary supremacy, how were judges viewed?

    <p>As mechanical interpreters of the law</p> Signup and view all the answers

    What does Section 174(2) of the Constitution of the Republic of South Africa Act 108 of 1996 address?

    <p>The racial and gender composition of the judiciary</p> Signup and view all the answers

    Which court did the Women's Legal Centre Trust approach to provide finality on the state's obligation to recognize Muslim marriages?

    <p>Constitutional Court</p> Signup and view all the answers

    Which political party first submitted a request for the removal of the Public Protector in 2017?

    <p>Democratic Alliance (DA)</p> Signup and view all the answers

    What was the name given to the tragedy involving the deaths of 144 people at psychiatric facilities in the Gauteng province of South Africa?

    <p>Life Esidimeni tragedy</p> Signup and view all the answers

    What does Section 1(c) of the Constitution of the Republic of South Africa Act 108 of 1996 establish?

    <p>Constitutional supremacy</p> Signup and view all the answers

    According to the South African Constitution, what is the supreme law in the Republic?

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

    What does constitutional supremacy mean in South Africa?

    <p>The Constitution is the highest form of law.</p> Signup and view all the answers

    How does parliamentary sovereignty differ from constitutional supremacy?

    <p>Parliamentary sovereignty allows parliament to make or repeal laws without constraint.</p> Signup and view all the answers

    What is the significance of knowing the history of the judiciary prior to democracy?

    <p>It helps understand the role of the judiciary in a democratic society.</p> Signup and view all the answers

    How long must a Chief Justice serve at the Constitutional Court in order to be eligible for discharge from active service?

    <p>15 years</p> Signup and view all the answers

    Who appoints a Chief Justice to continue serving for a determined period of time?

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

    Which court ruling confirmed the legal recognition of Muslim marriages in South Africa?

    <p>Supreme Court of Appeal ruling</p> Signup and view all the answers

    Which of the following is a key feature of the South African Constitution?

    <p>Transformation of society</p> Signup and view all the answers

    What is the rationale behind the tripartite separation of powers?

    <p>To ensure accountability and checks on power</p> Signup and view all the answers

    What is the concept of 'transformative constitutionalism' in South Africa?

    <p>A form of legal reasoning based on morality</p> Signup and view all the answers

    What is the ultimate authority for law-making in parliamentary sovereignty?

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

    Which court did the Democratic Alliance (DA) approach for the removal of the Public Protector in 2017?

    <p>High Court</p> Signup and view all the answers

    What tragic event involved the deaths of 144 people at psychiatric facilities in the Gauteng province of South Africa?

    <p>Life Esidimeni tragedy</p> Signup and view all the answers

    What is the significance of the Constitutional Court in South Africa?

    <p>It is the highest court in the land</p> Signup and view all the answers

    What does Section 2 of the Constitution of the Republic of South Africa Act 108 of 1996 state?

    <p>The Constitution is supreme law in the Republic</p> Signup and view all the answers

    Which section of the South African Constitution provides a guarantee against the interference with the functioning of courts?

    <p>Section 165(3)</p> Signup and view all the answers

    Which court/s have jurisdiction across the Republic of South Africa?

    <p>Constitutional Court and Supreme Court of Appeal</p> Signup and view all the answers

    Which court/s act as a court of first instance and as a court hearing appeals from the lower courts?

    <p>High Court of South Africa</p> Signup and view all the answers

    Which court is responsible for establishing and monitoring the norms and standards for the exercise of the judicial functions of all courts?

    <p>Constitutional Court</p> Signup and view all the answers

    Which of the following is a key feature that has emerged since the coming into existence of the South African Constitution?

    <p>A rejection of the principle of parliamentary sovereignty</p> Signup and view all the answers

    What is the significance of knowing the history of the judiciary prior to democracy?

    <p>Understanding the role of the judiciary in upholding apartheid legislation</p> Signup and view all the answers

    What is the main criticism often raised against transformative constitutionalism?

    <p>It obscures law and politics</p> Signup and view all the answers

    What does Section 174(2) of the Constitution of the Republic of South Africa Act 108 of 1996 address?

    <p>The need for the judiciary to reflect broadly the racial and gender composition of South Africa</p> Signup and view all the answers

    Which court ruling confirmed the legal recognition of Muslim marriages in South Africa?

    <p>Supreme Court of Appeal</p> Signup and view all the answers

    What is the ultimate authority for law-making in parliamentary sovereignty?

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

    What is the core difference between parliamentary sovereignty and constitutional supremacy?

    <p>The source of law</p> Signup and view all the answers

    What is the significance of knowing the history of the judiciary prior to democracy?

    <p>Understanding the development of legal principles</p> Signup and view all the answers

    When was Chief Justice Ngcobo appointed as a Constitutional Court judge?

    <p>15 August 1999</p> Signup and view all the answers

    Based on the information provided, how long must a judge serve at the Constitutional Court if they have served a minimum of three years at another court before their appointment?

    <p>12 years</p> Signup and view all the answers

    Who may request a Chief Justice to continue serving for a determined period of time?

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

    Which court is responsible for establishing and monitoring the norms and standards for the exercise of the judicial functions of all courts?

    <p>The Constitutional Court</p> Signup and view all the answers

    Which court has jurisdiction across the Republic of South Africa?

    <p>The Constitutional Court</p> Signup and view all the answers

    Which court/s act as a court of first instance and as a court hearing appeals from the lower courts?

    <p>The High Court of South Africa</p> Signup and view all the answers

    Which court/s have geographically limited jurisdiction?

    <p>The High Court of South Africa</p> Signup and view all the answers

    Which of the following is a key feature of transformative constitutionalism in South Africa?

    <p>Faith in the law as an instrument for social and political change</p> Signup and view all the answers

    What was the role of judges in the apartheid era according to the text?

    <p>Mechanical interpreters of the law</p> Signup and view all the answers

    What is the significance of Section 174(2) of the Constitution of the Republic of South Africa Act 108 of 1996?

    <p>It requires judges to reflect the racial and gender composition of South Africa</p> Signup and view all the answers

    What is the core difference between parliamentary supremacy and transformative constitutionalism?

    <p>Faith in the law as an instrument for social and political change</p> Signup and view all the answers

    Which of the following is a key feature of the South African Constitution?

    <p>It aims to transform South Africa into a society founded on equality.</p> Signup and view all the answers

    What is the core difference between parliamentary sovereignty and constitutional supremacy?

    <p>Parliamentary sovereignty gives ultimate authority to the legislature, while constitutional supremacy gives ultimate authority to the constitution.</p> Signup and view all the answers

    What is the rationale behind the tripartite separation of powers?

    <p>To ensure major decisions can be checked and held to account by another arm of state.</p> Signup and view all the answers

    What does transformative constitutionalism often include?

    <p>An endorsement of justiciable socio-economic rights and substantive equality.</p> Signup and view all the answers

    Study Notes

    South African Judiciary and Constitutional Law

    • Chief Justice Ngcobo was appointed as a judge in 2000.
    • A judge with at least three years of service in another court must serve a minimum of 12 years at the Constitutional Court.
    • By 15 August 2011, Chief Justice Ngcobo had served as a judge for 11 years and as a Constitutional Court judge for 5 years.
    • Section 165 of the Constitution guarantees against interference with the functioning of courts.
    • The head of the judiciary in South Africa is the Chief Justice.
    • The Supreme Court of Appeal has its seat in Bloemfontein.
    • High Courts and the Supreme Court of Appeal act as both courts of first instance and appellate courts.
    • The United Kingdom operates under the parliamentary sovereignty model.
    • The core difference between parliamentary sovereignty and constitutional supremacy lies in the latter's ability to bind Parliament and override laws inconsistent with the Constitution.
    • The common model for separation of powers is known as the tripartite system (executive, legislative, and judiciary).
    • Transformative constitutionalism often includes a commitment to social justice, human dignity, and the transformation of society.
    • Characteristics of transformative constitutionalism include an emphasis on human rights and communal responsibilities.
    • A common criticism of transformative constitutionalism is its potential vague application leading to judicial overreach.
    • Under parliamentary supremacy, judges were often viewed as servants of Parliament rather than independent arbiters of justice.
    • Section 174(2) addresses the criteria for the appointment and removal of judges.
    • The Women's Legal Centre Trust approached the Constitutional Court for finality on the state’s obligation to recognize Muslim marriages.
    • The Economic Freedom Fighters (EFF) was the political party that first submitted a request for the removal of the Public Protector in 2017.
    • The tragedy involving the deaths of 144 people at psychiatric facilities in Gauteng is referred to as the Life Esidimeni tragedy.
    • Section 1(c) establishes South Africa as a sovereign, democratic state.
    • The supreme law of the Republic, according to the Constitution, is the Constitution itself.
    • Constitutional supremacy in South Africa means that all laws and government actions must conform to the Constitution.
    • Parliamentary sovereignty allows Parliament to create laws without judicial review, while constitutional supremacy limits this power.
    • Understanding the judiciary's history prior to democracy is significant for grasping contemporary judicial independence and accountability.
    • A Chief Justice must serve a minimum of 12 years to be eligible for discharge from active service.
    • The President appoints a Chief Justice to continue serving for a determined period.
    • The court ruling that confirmed the legal recognition of Muslim marriages in South Africa was the judgment in the case of the Women's Legal Centre Trust.
    • Key features of the South African Constitution include a strong emphasis on human rights, rule of law, and accountability.
    • The rationale behind the tripartite separation of powers is to prevent the concentration of power and to ensure checks and balances.
    • Transformative constitutionalism encompasses values such as accountability, equity, and rectifying historical injustices.
    • The Constitutional Court emphasizes the rights of disadvantaged groups and the need for equality.
    • Section 2 states that the Constitution is the supreme law and any law or conduct inconsistent with it is invalid.
    • The superior courts have jurisdiction across the Republic of South Africa.
    • High Courts and the Supreme Court of Appeal serve both as trial courts and appellate courts.
    • Geographic limitations exist for certain specialized courts, such as local courts.
    • A key feature of transformative constitutionalism is the promotion of social transformation and the advancement of marginalised communities.
    • Judges in the apartheid era were often complicit in upholding oppressive laws.
    • The significance of Section 174(2) lies in its regulation of judicial appointments and the requirement for judicial independence.
    • Transformative constitutionalism distinctly differs from parliamentary supremacy by prioritizing the transformation of society over mere legislative adherence.

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    Quiz: Understanding Parliamentary Sovereignty and Constitutional Supremacy Test your knowledge on the key concepts of parliamentary sovereignty and constitutional supremacy with this insightful quiz. Learn about the core differences between these two systems of governance and where the ultimate authority for law-making lies. Perfect for students of political science and anyone interested in understanding the principles behind the Westminster model and constitutional frameworks like apartheid-era South Africa.

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