South African Court Ruling on Marijuana Legalization Summary

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What legal power does Parliament have in converting convictions of the community into law?

Legitimate basis

Give an example of Parliament exercising its power to change the legal position on rape in marriage.

S v Ncanywa 1992 (1) SACR 209 (Ck)

What rule did the judge reject initially regarding rape in marriage in the case of S v Ncanywa?

A man can be found guilty of raping his own wife

What did S5 of the Prevention of Family Violence Act 133 of 1993 provide regarding marital rape?

A man may be found guilty of the rape of his spouse Signup and view all the answers

What does the discretion of judges in interpreting words and norms in the law highlight?

Subjective prejudice and attitudes Signup and view all the answers

What was the basis for the Constitutional Court's decision regarding the legislation on dagga?

The legislation unjustifiably limited the rights to privacy because smoking dagga is less harmful than consuming alcohol. Signup and view all the answers

What was the judgment and requirement set by the Constitutional Court regarding the cultivation and consumption of dagga?

An adult may cultivate and consume dagga if it is done in private and for personal use. Signup and view all the answers

How does the law in South Africa show a growing respect for individual rights and conscience?

There is a space for individuals to exercise and express their own morality. Signup and view all the answers

Differentiate between community mores and religion/morality.

Community mores are norms of a whole community or group, including etiquette and fashion, while religion and morality are private matters concerning the individual. Signup and view all the answers

Explain the concept of community mores and their significance.

Community mores are collective morals that shape behavior within a community, influencing views on various aspects like love and interracial marriage. Signup and view all the answers

What is the main issue when it comes to the conduct of individuals in relation to the law?

Whether it is properly charged. Signup and view all the answers

In what context is the question of personal morals raised in the text?

To emphasize that personal morals should not be judged by criminal law standards. Signup and view all the answers

How does John Stuart Mill view the exercise of force by the state over individuals?

Only if harm to others can be prevented. Signup and view all the answers

What is the role of paternalism in law according to the text?

To protect individuals against their own unlimited freedom. Signup and view all the answers

How does the text differentiate between paternalism towards children and adults?

Paternalistic laws are acceptable for children but not for adults. Signup and view all the answers

What justifies the prohibition on the sale of cigarettes to children according to the text?

Children may not understand the consequences of their actions or make informed choices. Signup and view all the answers

What is the main difference between the natural-law approach and positivism?

The natural-law approach believes in a moral dimension of law and what ought to be, while positivism focuses on what is promulgated. Signup and view all the answers

How does the natural-law approach view the content of laws?

The content of natural law can be found by human reason and applies universally for all times and places. Signup and view all the answers

Give an example of how Gandhi protested against an unjust law.

Gandhi used non-violent disobedience in a campaign against a law discriminating against Indians. Signup and view all the answers

What did Martin Luther King Jr. and the Civil Rights movement do to protest against racism in laws?

They undertook various protest campaigns against racism in laws, despite court prohibitions. Signup and view all the answers

How is the Constitution of the RSA, 1996 related to the concept of natural law?

The Constitution contains a Bill of Rights, embodying the rights fought for by leaders like King Jr. and Mandela. Signup and view all the answers

Why does the natural-law approach raise the question of obeying rules or Acts that are considered unfair or unjust?

The approach questions whether rules or Acts must be obeyed even if they are perceived as unfair or unjust. Signup and view all the answers

What is the main purpose of labour law?

Concerns relationship between employers and employees and conditions of employment Signup and view all the answers

What does insolvency law deal with?

Bankruptcy, liquidation of companies, debt reviews, etc Signup and view all the answers

What does the Law of Criminal Procedure determine?

How people who have committed criminal offences should be prosecuted Signup and view all the answers

What does the Law of Evidence regulate?

How facts in criminal or civil cases must be proved Signup and view all the answers

What does the Law of Civil Procedure determine?

Procedure that should be followed when enforcing rights against another Signup and view all the answers

What is the primary focus of Conflict of Laws/ Private International Law?

Determining which legal system a court must apply in a case Signup and view all the answers