Transformative Constitutionalism and the Judiciary

Knowing the history of the judiciary prior to democracy is important because it provides context and understanding of how the judicial system has evolved over time. It helps to identify any biases or injustices that may have existed in the past and allows for a more informed analysis of current legal principles and decisions.

Transformative constitutionalism is a concept that refers to the use of the constitution to bring about social change and address historical injustices. It involves interpreting and applying the constitution in a way that promotes equality, dignity, and human rights. Judicial transformation, on the other hand, refers to the role of the judiciary in implementing transformative constitutionalism through its decisions and judgments.

The concept of decolonization in the judiciary refers to the need to address and rectify the historical legacies of colonialism and its impact on the legal system. It involves recognizing and challenging any discriminatory or oppressive practices that may have been inherited from the colonial era and promoting a more inclusive and equitable justice system.

<p>Constitutional Court, Supreme Court of Appeal, High Court of South Africa</p> Signup and view all the answers

<p>The Chief Justice</p> Signup and view all the answers

<p>Johannesburg</p> Signup and view all the answers

<p>Eastern Cape Division</p> Signup and view all the answers

<p>In parliamentary sovereignty, the ultimate authority for law-making lies with the legislature, while in constitutional supremacy, it lies with the constitution of a state.</p> Signup and view all the answers

<p>The rationale is to ensure that major decisions taken by those in power can be checked and held to account by another arm of state, preventing concentration of power and promoting accountability.</p> Signup and view all the answers

<p>Transformative constitutionalism refers to the goals and means by which a constitution seeks to transform a society, often including justiciable socio-economic rights, substantive equality, and a form of legal reasoning that considers the interplay between morality and law.</p> Signup and view all the answers

<p>Constitutional supremacy establishes and constrains the exercise of state power, whereby a state can only act in accordance with its constitution. Any conduct inconsistent with the constitution is legally invalid.</p> Signup and view all the answers

<p>rejection of the principle of parliamentary sovereignty, rule of law, control of public power, judicial review of legislation and testing of conduct against the Constitution.</p> Signup and view all the answers

<p>It states that judicial authority vests in the courts, courts must be independent and impartial and subject only to the Constitution, provides a guarantee against the interference with the functioning of courts, organs of the state must assist with ensuring the independence of the courts, an order of courts binds all persons, and the chief justice is the head of the judiciary.</p> Signup and view all the answers

<p>Pharmaceutical Manufacturers of South: In re: Ex parte President of the Republic of South Africa 2000 (2) SA 674 (CC)</p> Signup and view all the answers

<p>Understanding that legal reasoning is heavily influenced by a lawyer’s political and moral convictions, especially when the law is ambiguous or vague.</p> Signup and view all the answers

<p>Substantive equality and substantive justice, protection of socio-economic rights, less emphasis on technicalities and procedure, faith in the law as an instrument for social and political change.</p> Signup and view all the answers

<p>They were regarded as mere mechanical interpreters of the law, ascertaining the intention of the apartheid legislature and giving effect to it, regardless of how nefarious the intention might have been.</p> Signup and view all the answers

<p>To ensure that the judiciary reflects broadly the racial and gender composition of South Africa when appointing judicial officers.</p> Signup and view all the answers

<p>Section 167 of the South African Constitution provides for the Constitutional Court, including the Chief Justice, Deputy Chief Justice, and 9 other judges.</p> Signup and view all the answers

<p>The Constitutional Court is the highest court in constitutional matters in South Africa.</p> Signup and view all the answers

<p>The jurisdiction of the Constitutional Court involves issues of interpretation, protection, or enforcement of the Constitution.</p> Signup and view all the answers

<p>Constitutional jurisdiction refers to the power or competence of a court to hear and adjudicate on legal disputes related to constitutional matters.</p> Signup and view all the answers

<p>Concurrent jurisdiction is exercised concurrently with the High Court and the Supreme Court of Appeal (SCA), while exclusive jurisdiction is exercised solely by the Constitutional Court.</p> Signup and view all the answers

<p>The Constitution grants jurisdiction to certain courts to award remedies pertaining to constitutional matters.</p> Signup and view all the answers

<p>Any person or organ of state with a sufficient interest</p> Signup and view all the answers

<p>Doctors for Life International v The Speaker of the National Assembly and Others</p> Signup and view all the answers

<p>the Sterilisation Amendment Bill, the Traditional Health Practitioners Bill, the Choice on Termination of Pregnancy Amendment Bill, and the Dental Technicians Amendment Bill</p> Signup and view all the answers

<p>High Court, Western Cape Division, Cape Town</p> Signup and view all the answers

<p>the President of the Republic of South Africa, the Minister of Justice and Correctional Services, the National Commissioner of Correctional Services, the Inspecting Judge for Correctional Services, the Minister of Finance, and the Minister of Public Service and Administration</p> Signup and view all the answers

<p>Several South Africans, including a Member of Parliament</p> Signup and view all the answers

<p>Constitutional Court</p> Signup and view all the answers

<p>An order affirming the legally binding effect of the Public Protector's remedial action, directing the President to comply with the Public Protector's remedial action, and declaring that both the President and the National Assembly acted in breach of their constitutional obligations</p> Signup and view all the answers

<p>Supreme Court of Appeal, High Court, and courts of similar status</p> Signup and view all the answers

<p>That the failure to initiate and prepare legislation providing for the recognition of Muslim marriages as valid marriages in South Africa discriminates against Muslim women</p> Signup and view all the answers

<p>A declaration that the failure is inconsistent with the Constitution and directing the Cabinet and the Minister of Justice to prepare and initiate the required legislation within 18 months</p> Signup and view all the answers

<p>It must be confirmed by the Constitutional Court</p> Signup and view all the answers

<p>The Constitutional Court has jurisdiction to decide on the constitutionality of any amendment to the Constitution and to decide that the Parliament has failed to fulfill a constitutional obligation.</p> Signup and view all the answers

<p>The Constitutional Court's exclusive jurisdiction reflects its special status as guardian of the Constitution and avoids tension with other arms of government.</p> Signup and view all the answers

<p>The Supreme Court of Appeal has jurisdiction to deal with non-constitutional matters and to make an order concerning the constitutional validity of an Act of Parliament, a provincial Act, or any conduct of the President, but the order of constitutional invalidity has no force unless confirmed by the Constitutional Court.</p> Signup and view all the answers

<p>When deciding a constitutional matter within its power, a court must declare any law or conduct inconsistent with the Constitution as invalid to the extent of its inconsistency, and may make any order that is just and equitable.</p> Signup and view all the answers

<p>The Supreme Court of Appeal, the High Court of South Africa, or a court of similar status may make an order concerning the constitutional validity of an Act of Parliament, a provincial Act, or any conduct of the President, but the order of constitutional invalidity has no force unless confirmed by the Constitutional Court.</p> Signup and view all the answers

<p>Other courts, excluding those referred to in sections 167, 168, and 169 of the Constitution, may decide any matter determined by an Act of Parliament, but a court of lower status than the High Court of South Africa may not inquire into or rule on the constitutionality of any legislation or conduct of the President.</p> Signup and view all the answers

<p>Mr Zuma's guilt of contempt of court for failure to comply with an order</p> Signup and view all the answers

<p>Comply with summonses issued by the Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State and to appear and give evidence on dates determined by the Commission</p> Signup and view all the answers

<p>He did not appear before the Commission on the dates determined by the Commission nor did he file any affidavits in accordance with the Commission’s directives</p> Signup and view all the answers

<p>Direct access to the Constitutional Court</p> Signup and view all the answers

<p>The matter is self-evidently extraordinary. It is thus in the interests of justice to depart from ordinary procedures</p> Signup and view all the answers

<p>It guarantees the right to access courts with regard to constitutional matters (section not restricted to civil and criminal matters)</p> Signup and view all the answers