South African Constitutional Law Overview

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Questions and Answers

What was a significant issue with the South African Constitution of 1858?

It upheld racist policies against colored people. (correct)

It allowed for the judiciary to review legislation.

It promoted equality between all inhabitants.

It introduced democratic governance structures.

What constitutional crisis occurred in the Transvaal in 1892?

The President fired the Chief Justice for overstepping authority. (correct)

Legislation was overturned by a public referendum.

The Chief Justice attempted to enact new legislation.

The legislature's authority was expanded through judicial support.

What governance structure was common among indigenous communities in South Africa?

Democratic assemblies elected by the populace.

Chiefdoms led by a chief or king. (correct)

Military rule established by colonial powers.

Parliamentary systems with multiple political parties.

What key role did headmen have in the indigenous governance structure?

They reported to the chief and managed local affairs. Signup and view all the answers

What warning did President Kruger give to the new Chief Justice regarding judicial authority?

The testing right is a principle of the devil. Signup and view all the answers

What does O'Regan J imply about the nature of fundamental rights?

They are broad and can have various interpretations. Signup and view all the answers

According to Kriegler J, what is important in the judicial process of constitutional adjudication?

The influence of extra-legal considerations. Signup and view all the answers

What does Mahomed DP emphasize regarding the examination of the Constitution?

It should be analyzed based on text, context, and factual considerations. Signup and view all the answers

What approach does Sachs J advocate for when interpreting the Constitution?

A constitutional and humane adjudicatory approach. Signup and view all the answers

What distinction is made between decisions made by legislative organs and those by the Constitutional Court, according to Mahomed DP?

Decisions by the Constitutional Court are crucial compared to political elections. Signup and view all the answers

What distinguishes the South African Constitution from the Westminster-style constitutions?

It establishes constitutional sovereignty. Signup and view all the answers

What is one of the core values on which the South African Constitution is founded?

Human dignity Signup and view all the answers

Which branch of government is tasked with enforcing the Constitution and the Bill of Rights in South Africa?

The judicial branch Signup and view all the answers

What type of obligations does the Bill of Rights impose on the state?

Both negative and positive obligations Signup and view all the answers

What right is guaranteed to citizens under the South African Constitution?

The right to form political parties Signup and view all the answers

What condition is NOT part of the government's obligation under the Constitution?

To infringe upon citizens’ freedoms Signup and view all the answers

Which aspect of the Constitution ensures that no branch of government holds absolute power?

The separation of powers Signup and view all the answers

What is the requirement for elections as stated in the Constitution?

Elections should be free, fair, and regular Signup and view all the answers

What type of approach has the Constitutional Court developed for interpreting the Constitution?

Contextual or teleological approach Signup and view all the answers

Which court's decisions has the Constitutional Court frequently referred to for guidance?

Canadian Supreme Court Signup and view all the answers

What has the Court primarily used alongside traditional methods of interpretation?

Contextual interpretation Signup and view all the answers

What does the Court consider important before giving an interpretation of a constitutional provision?

Legal histories and traditions Signup and view all the answers

Is it true that all judges of the Constitutional Court interpret the contextual approach in the same way?

No, they understand and apply it differently. Signup and view all the answers

In interpreting constitutional provisions, which aspect is NOT typically considered by the Court?

Public sentiments Signup and view all the answers

What challenge is noted regarding the Constitutional Court’s approach to interpretation?

Absence of a clear systematic approach Signup and view all the answers

What did Kentridge emphasize regarding legal history in his interpretation?

It should guide the interpretation of the Constitution. Signup and view all the answers

What is the main focus of the literature regarding South Africa's political landscape following apartheid?

The dominance of a single party in governance Signup and view all the answers

Which of the following best describes the term 'dominant party system' as applied to South Africa?

A scenario where one party maintains control while others exist but struggle Signup and view all the answers

What challenge does the dominant party system pose for opposition parties in South Africa?

Limited legislative power to influence laws Signup and view all the answers

Which factor contributes to the ANC's ongoing influence in the political landscape of South Africa?

A strong historical legacy and broad support base Signup and view all the answers

In the context of South Africa's political framework, what role do constitutional institutions play?

They are influenced significantly by the dominant party Signup and view all the answers

What implication does the concept of 'centralization' have on party politics in South Africa?

It contributes to the consolidation of power within a single party Signup and view all the answers

What is a common criticism regarding dominant-party rule in South Africa?

It results in a lack of real competition and accountability Signup and view all the answers

Which scholarly work specifically addresses the issues related to opposition parties in South Africa?

Learning to Lose, Learning to Win Signup and view all the answers

Study Notes

South African Constitutional Law in Context

The 1858 Constitution of the South African Republic (Transvaal) explicitly prohibited equality between white and colored people
In 1892, Chief Justice JG Kotze attempted to strike down legislation on the grounds of its conflict with the Constitution, leading to a constitutional crisis
President Paul Kruger dismissed Kotze, declaring the judicial right to review legislation 'a principle of the devil'
Pre-colonial South Africa saw various indigenous governance structures centered on chiefdoms with a hierarchical system: Chiefs, Paramount Chiefs, Kings, Headmen
Headmen represented families within defined areas and reported to the Chief
The Chief along with the Headmen formed a council.
The 1996 South African Constitution established a sovereign democratic state based on human dignity
The South African Constitution emphasizes equality, non-racialism, non-sexism, the supremacy of the Constitution, rule of law, universal adult suffrage, and a multi-party democracy system
The South African Constitution differs from colonial and apartheid-era constitutions by replacing parliamentary sovereignty with constitutional sovereignty
The Constitution is the supreme law of the Republic, rendering any conflicting legislation invalid and requiring adherence to its obligations
It contains a Bill of Rights encompassing civil, political, social, and economic rights
The Bill of Rights places both negative and positive obligations on the state and private individuals/institutions
The Constitutional Court plays a crucial role as a guardian of the Constitution and Bill of Rights
This court has the authority to declare invalid any acts or legislation violating the Constitution
The Constitution divides government into three branches: legislature, executive, and judiciary
The Constitution guarantees the independence of the judicial branch, ensuring its ability to interpret laws and enforce the Constitution without influence
The South African Constitution promotes democratic principles, including the right to form political parties, participate in party activities, and campaign for causes
Citizens have the right to participate in free, fair, and regular elections for legislative bodies
Citizens have the right to hold public office and to vote in elections
The use of 'contextual' or 'teleological' approaches to constitutional interpretation in South Africa is evident in numerous judicial decisions
The South African Constitutional Court often seeks guidance from Canadian Supreme Court jurisprudence
The South African Constitution is frequently interpreted in the light of its historical context
The South African Constitutional Court has not developed a clear consensus on how to interpret the Constitution and Bill of Rights
Due to the dominance of the ruling party, the executive, judiciary, and other constitutional institutions are heavily influenced. This presents challenges to their effective operation.

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Description

Explore the evolution of South African constitutional law from the 1858 Constitution to the 1996 Constitution. This quiz examines key events, including judicial challenges and the establishment of a democratic state. Test your knowledge on the historical context and principles that underpin South African governance.