South Africa's Bill of Rights Quiz

Foreign legal systems' approaches to human rights, often providing insights but not directly legally binding on South African law.

Using foreign law as a guide for South African human rights matters, but recognizing the uniqueness of South Africa's legal and social context .

A person/ group offering legal expertise or information to the court that is not a party to the case.

A claimant's right to bring a legal action against someone relating to the constitution.

Restrictions on the enforcement of rights in the SA Constitution

General Constitutional rights that apply to all people in SA.

Legal entities (e.g., corporations, churches) with rights within South African law.

Part of the Constitution outlining fundamental rights; enforceable by courts

Using the Constitution to create social and economic change

Rights that govern how rights are enforced by the courts; procedural rights

Rights to something, e.g., a right to housing; a thing itself

Rights that can be enforced by courts.

Specifies when rights can be limited legally; a procedural check on rights.

Rights enforceable against the state (government).

Rights enforceable against other people (not just the state).

Fixing past social and economic injustices.

Introduction stating the goals and purposes of the Constitution.

A matter objectively in the public interest, different from a person/organization's subjective belief of acting in the public interest.

A core constitutional value and right, crucial in legal arguments.

The right to bring a case to court, involving a specific claimant in a lawsuit.

Friends of the court, with expertise relevant to the case.

Rights apply between private individuals, not just government entities.

Rights apply to or against government entities.

Individuals or entities responsible to upholding rights.

Rights directly enforceable between private parties, with qualifications.

Rights directly enforceable against the government.

Courts must develop common law to align with constitutional rights and values.

Common law is developed if it conflicts with a constitutional provision or value.

Developing common law may involve creating new rules, modifying existing ones, or expanding/restricting their application.

Employer is liable for employee's actions only when they occur within the scope of employment.

Interpreting and applying common law concepts using constitutional principles.

When a contract term is seen as unfair or harming the public interest, the courts may deem it unenforceable.

Rights enforceable against private individuals, not just the state.

ZACC case establishing limitations on horizontal application of rights, considering the nature of the right and duty involved.

Sections of SA Constitution guiding when rights apply horizontally between private parties. It determines the degree to which the civil law or common law prevails.

Court case challenging the constitutionality of actions related to children’s sex trafficking.

Court case where immigration permits were challenged related to human dignity.

Case challenging prevention policies of mother-to-child transmission of HIV, relating to the right to health.

Concept in Section 8(1), constitutional rights apply against all government actors; not just the state.

Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000, giving effect to the right against unfair discrimination by state and private actors.

Neither the state nor any individual may unfairly discriminate against anyone.

Courts must apply (or develop) common law where legislation does not cover a right.

Courts can develop common law rules to limit rights, so long as they respect section 36(1).

Common law principle in defamation cases, established via Khumalo v Holomisa.

Common law remedy allowing a right to claim a thing, possibly related to child interests or education rights (Juma Musjid).

The Constitution influences other legal systems' interpretation (legislation, common law, customary law).

All of South Africa's laws, including the Constitution and other rules, are part of a single legal system.