School's Decision on Nose Stud Wear

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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?

To ensure resultant decisions are in line with the constitution Signup and view all the answers

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

Infringement on the rights of disfavoured groups Signup and view all the answers

How does public participation contribute to democratic and pluralistic accommodation?

By promoting a spirit calculated to produce widely accepted laws Signup and view all the answers

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

As part of a family tradition and for cultural reasons Signup and view all the answers

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

Consulted with recognized experts in human rights and Hindu tradition Signup and view all the answers

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

As advised by recognized experts Signup and view all the answers

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

To argue about the reasons for the decision Signup and view all the answers

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

To seek clarity on her daughter's constitutional rights Signup and view all the answers

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

She would face a disciplinary tribunal Signup and view all the answers

What is the main issue discussed in the text?

The cost of making accommodations for individuals outside the mainstream. Signup and view all the answers

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

A de minimis cost Signup and view all the answers

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

Canada has a more stringent accommodation standard than the US. Signup and view all the answers

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

In determining the level of effort required for reasonable accommodation. Signup and view all the answers

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

$5(7 + 3)$ effort Signup and view all the answers

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

'More than mere negligible effort' for accommodation Signup and view all the answers

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

Parents and learners explaining in writing why they require an exemption 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?

It didn't provide a process for reasonable accommodation 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?

Ms. Pillay's conduct had no bearing on fairness 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?

Because Sunali's situation did not significantly further the purpose of uniforms Signup and view all the answers

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

Ensuring parents and learners write an explanation for an exemption Signup and view all the answers

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

Ms. Pillay's cooperation with the School Signup and view all the answers

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

Not allowing Sunali to wear the nose stud Signup and view all the answers

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

Make exemptions for sincerely held religious and cultural beliefs Signup and view all the answers

What does the judgment not abolish in schools?

Requirement for school uniforms Signup and view all the answers

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

Making exemptions for sincerely held beliefs Signup and view all the answers

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

Encouraging schools to embrace religious and cultural diversity Signup and view all the answers

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

To highlight the importance of respecting cultural practices Signup and view all the answers