26 Questions
Is the preamble to the South African Constitution considered part of the legislation?
No, it is not considered part of the legislation.
What distinguishes the preamble of the South African Constitution from that of an ordinary statute?
The poetic language used in the preamble.
What information does the preamble of a constitution typically contain?
All of the above.
According to the South African Constitution, what is the role of the courts?
To determine whether a law or conduct is inconsistent with the Constitution
What is the general rule regarding the applicability of the law, including the Constitution, in South Africa?
The law is applicable only within the borders of the State
Is the South African Constitution self-executing?
No, it is not self-executing
Are there any provisions in the South African Constitution that are not supreme?
No, all provisions are supreme
Which part of the Constitution must the provisions be interpreted and applied within?
Preamble
What is the purpose of interpreting the Preamble as an integral part of the Constitution?
To prevent superficial and unjust results
Why is it useful to regard the state as a juristic person?
The state can enter into agreements and be summoned
What is the overall responsibility and constitutional obligation of the state?
To protect the rights in the Bill of Rights
Which values are considered the founding values of the South African Constitution?
Human dignity, achievement of equality, advancement of human rights and freedoms
What is the importance of the South African Constitution being the supreme law of the state?
It ensures that all authority must be exercised in accordance with the Constitution
What does the supremacy clause of the South African Constitution establish?
The foundation for the entire state and body politic
What did the First Certification Judgment confirm about the supremacy of the South African Constitution?
The Constitution alone is the supreme law of the state
What are the four main objectives of the South African Constitution as set out in the preamble?
To create a government based on the will of the people
What is the interpretative significance of the preamble of the South African Constitution?
It can be used to interpret vague and ambiguous provisions
What did the SA CC state about the importance of the preamble of the Constitution?
It contains much more information on the history, purpose, and objectives of the constitution
When can the preamble be used for interpretation purposes?
When the wording is ambiguous or in broad language
What is the purpose of the principles of co-operation between levels/spheres of the SA government?
To regulate the relationship between different governmental institutions
How is the composition of the South African government described?
The SA Cabinet consists of the President, a Deputy President, and the Ministers appointed by the President
Why is a multi-tiered government considered essential in South Africa?
To ensure public participation and fully democratic societies
What is the aim of the principles of co-operative government?
To facilitate intergovernmental co-operation and co-ordination
What is the main difference between the divided model and the integrated model of federalism?
The divided model has formal mechanisms of co-operation between governments
What was the basis of dual federalism in the early governmental system of the USA?
The competition between national and state governments
What is the purpose of the principles of co-operative government?
To regulate the relationship between the spheres of government
Study Notes
The South African Constitution
- The preamble to the South African Constitution is considered part of the legislation.
Characteristics of the Preamble
- The preamble of the South African Constitution is distinguished from an ordinary statute by its inclusive and aspirational language.
- A preamble typically contains information about the history, values, and objectives of the constitution.
Role of the Courts
- The role of the courts, according to the South African Constitution, is to interpret and apply the Constitution.
Applicability of the Law
- The general rule regarding the applicability of the law, including the Constitution, in South Africa is that it applies to all persons, organs of state, and natural and juristic persons.
Self-Executing Nature of the Constitution
- The South African Constitution is self-executing, meaning that it is directly applicable and enforceable.
Supremacy of the Constitution
- The Constitution is the supreme law of the state, and all laws, norms, and conduct are subject to its provisions.
- The supremacy clause of the South African Constitution establishes the Constitution as the highest authority.
- The First Certification Judgment confirmed the supremacy of the South African Constitution.
Founding Values and Objectives
- The founding values of the South African Constitution include human dignity, equality, and freedom.
- The four main objectives of the South African Constitution, as set out in the preamble, are to heal the divisions of the past, establish a society based on democratic values, improve the quality of life of all citizens, and free the potential of each person.
Interpretative Significance of the Preamble
- The preamble has interpretative significance, and its values and objectives guide the interpretation of the Constitution.
- The SA CC stated that the preamble is an integral part of the Constitution and provides a framework for understanding its provisions.
- The preamble can be used for interpretation purposes when there is ambiguity or uncertainty in the text of the Constitution.
Government Structure
- The composition of the South African government is described as a multi-tiered system, consisting of national, provincial, and local spheres of government.
- The principles of co-operative government aim to promote co-operation and mutual respect between these spheres of government.
Federalism
- The South African system of government is characterized as a hybrid system, blending elements of both federal and unitary systems.
- The main difference between the divided model and the integrated model of federalism is the level of autonomy granted to constituent units.
- Dual federalism, as seen in the early governmental system of the USA, is characterized by a clear distinction between national and state powers.
Test your knowledge of the Preamble of the Constitution and its significance with this quiz. Explore how the Preamble establishes the basic design and fundamental purpose of the Constitution, and learn how it influences the interpretation and application of its provisions.
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