The Court Process and Enforcement of Rights

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Questions and Answers

Which types of acts can infringe on rights according to the text?

  • Acts of discretion
  • Acts of omission
  • Acts of negligence
  • Acts of commission (correct)

What does it mean to 'enforce rights' in terms of the Constitution?

  • To challenge the Constitution
  • To seek a remedy for an alleged infringement (correct)
  • To approach a competent court
  • To protect and preserve rights

What does Section 38 of the Constitution provide for?

  • The relief sought after
  • The declaration of rights
  • The enforcement of rights (correct)
  • The competence of the court

Which court has the authority to confirm an order of Constitutional invalidity made by the High Court or Supreme Court of Appeal?

<p>The Constitutional Court (D)</p> Signup and view all the answers

What is the purpose of severance in relation to a law declared inconsistent with the constitution?

<p>To narrow the provision (D)</p> Signup and view all the answers

Which court can make an order of Constitutional invalidity, but the order lacks force until confirmed by the Constitutional Court?

<p>The High Court (D)</p> Signup and view all the answers

What does reading-down refer to in relation to a provision inconsistent with the constitution?

<p>Narrowly construing the provision (C)</p> Signup and view all the answers

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