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?

    <p>They reported to the chief and managed local affairs.</p> Signup and view all the answers

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

    <p>The testing right is a principle of the devil.</p> Signup and view all the answers

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

    <p>They are broad and can have various interpretations.</p> Signup and view all the answers

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

    <p>The influence of extra-legal considerations.</p> Signup and view all the answers

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

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

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

    <p>A constitutional and humane adjudicatory approach.</p> 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?

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

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

    <p>It establishes constitutional sovereignty.</p> Signup and view all the answers

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

    <p>Human dignity</p> Signup and view all the answers

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

    <p>The judicial branch</p> Signup and view all the answers

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

    <p>Both negative and positive obligations</p> Signup and view all the answers

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

    <p>The right to form political parties</p> Signup and view all the answers

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

    <p>To infringe upon citizens’ freedoms</p> Signup and view all the answers

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

    <p>The separation of powers</p> Signup and view all the answers

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

    <p>Elections should be free, fair, and regular</p> Signup and view all the answers

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

    <p>Contextual or teleological approach</p> Signup and view all the answers

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

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

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

    <p>Contextual interpretation</p> Signup and view all the answers

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

    <p>Legal histories and traditions</p> Signup and view all the answers

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

    <p>No, they understand and apply it differently.</p> Signup and view all the answers

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

    <p>Public sentiments</p> Signup and view all the answers

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

    <p>Absence of a clear systematic approach</p> Signup and view all the answers

    What did Kentridge emphasize regarding legal history in his interpretation?

    <p>It should guide the interpretation of the Constitution.</p> Signup and view all the answers

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

    <p>The dominance of a single party in governance</p> Signup and view all the answers

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

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

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

    <p>Limited legislative power to influence laws</p> Signup and view all the answers

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

    <p>A strong historical legacy and broad support base</p> Signup and view all the answers

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

    <p>They are influenced significantly by the dominant party</p> Signup and view all the answers

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

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

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

    <p>It results in a lack of real competition and accountability</p> Signup and view all the answers

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

    <p>Learning to Lose, Learning to Win</p> 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.

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