School's Decision on Nose Stud Wear

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to Lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What does public participation in crafting national legislation provide according to Ngcobo J?

  • Limitation on citizens' involvement in public affairs
  • Encouragement for citizens to be actively involved in public affairs (correct)
  • Discouragement for citizens to become familiar with laws
  • Exclusion of citizens from identifying themselves with government institutions

What is one benefit of public participation as mentioned by Ngcobo J?

  • Enhancing civic dignity of participants by allowing their voices to be heard (correct)
  • Promoting secrecy in the decision-making process
  • Supressing individual opinions in favor of a collective voice
  • Limiting the voices of participants to avoid conflicts

How does continuous public participation affect the legitimacy of legislation?

  • Strengthens the legitimacy by making laws widely accepted (correct)
  • Weakens the legitimacy by creating conflicts
  • Has no impact on the legitimacy of legislation
  • Decreases the effectiveness but increases acceptance

Why does Ngcobo J mention the need for constitutional scrutiny and review despite public participation?

<p>To ensure resultant decisions are in line with the constitution (A)</p> Signup and view all the answers

What is the potential risk mentioned by Ngcobo J regarding local decisions?

<p>Infringement on the rights of disfavoured groups (C)</p> Signup and view all the answers

How does public participation contribute to democratic and pluralistic accommodation?

<p>By promoting a spirit calculated to produce widely accepted laws (B)</p> Signup and view all the answers

Why did Ms Pillay want her daughter to wear the nose stud?

<p>As part of a family tradition and for cultural reasons (C)</p> Signup and view all the answers

What actions did Mrs Martin take after the meeting with the Governing Body?

<p>Consulted with recognized experts in human rights and Hindu tradition (A)</p> Signup and view all the answers

Why did the Governing Body decide not to permit Sunali to wear the nose stud?

<p>As advised by recognized experts (B)</p> Signup and view all the answers

What was the reason for Ms Pillay's correspondence with Mrs Martin?

<p>To argue about the reasons for the decision (D)</p> Signup and view all the answers

Why did Ms Pillay write to the Department of Education on 8 March 2005?

<p>To seek clarity on her daughter's constitutional rights (A)</p> Signup and view all the answers

What was the consequence for Sunali if she didn't remove the nose stud by 23 May 2005?

<p>She would face a disciplinary tribunal (A)</p> Signup and view all the answers

What is the main issue discussed in the text?

<p>The cost of making accommodations for individuals outside the mainstream. (A)</p> Signup and view all the answers

What standard does the United States Supreme Court use when accommodating an individual's religion?

<p>A de minimis cost (C)</p> Signup and view all the answers

How does the Canadian Supreme Court differ from the United States Supreme Court in terms of reasonable accommodation?

<p>Canada has a more stringent accommodation standard than the US. (D)</p> Signup and view all the answers

In what context is the term 'undue hardship' used?

<p>In determining the level of effort required for reasonable accommodation. (C)</p> Signup and view all the answers

What does the text suggest is required to satisfy the duty to accommodate?

<p>$5(7 + 3)$ effort (A)</p> Signup and view all the answers

What is emphasized as more in line with the spirit of the constitutional project?

<p>'More than mere negligible effort' for accommodation (B)</p> Signup and view all the answers

What is suggested as a way to ensure responsible and fair resolution of difficult matters?

<p>Parents and learners explaining in writing why they require an exemption (B)</p> Signup and view all the answers

Why does the absence of a procedure in the Code take some responsibility for the resolution of the complaint?

<p>It didn't provide a process for reasonable accommodation (C)</p> Signup and view all the answers

What is emphasized about Sunali not being adversely affected due to the manner in which the complaint was raised?

<p>Ms. Pillay's conduct had no bearing on fairness (D)</p> Signup and view all the answers

Why is it concluded that allowing Sunali the exemption would not have imposed an undue burden on the School?

<p>Because Sunali's situation did not significantly further the purpose of uniforms (B)</p> Signup and view all the answers

What could have potentially resolved the issue more amicably according to the text?

<p>Ensuring parents and learners write an explanation for an exemption (A)</p> Signup and view all the answers

What was found to be a weighty consideration in determining fairness in this case?

<p>Ms. Pillay's cooperation with the School (B)</p> Signup and view all the answers

What is the main reason behind the confirmation of the High Court's finding of unfair discrimination?

<p>Not allowing Sunali to wear the nose stud (A)</p> Signup and view all the answers

What does the judgment discussed in the text require schools to do regarding uniforms?

<p>Make exemptions for sincerely held religious and cultural beliefs (A)</p> Signup and view all the answers

What does the judgment not abolish in schools?

<p>Requirement for school uniforms (D)</p> Signup and view all the answers

What is emphasized as essential for schools regarding religious and cultural sensitivity?

<p>Making exemptions for sincerely held beliefs (D)</p> Signup and view all the answers

What is the effect of the judgment on schools, as discussed in the text?

<p>Encouraging schools to embrace religious and cultural diversity (D)</p> Signup and view all the answers

Why is it mentioned that there should be no blanket distinction between religion and culture in schools?

<p>To highlight the importance of respecting cultural practices (B)</p> Signup and view all the answers

Flashcards are hidden until you start studying

More Like This

Use Quizgecko on...
Browser
Browser