Constitutional Law

Question 1

What is a Constitution?

Answer 1

a body of fundamental principles or established precedents according to which a state, or other organisation, is acknowledged to be governed

Question 2

What is Constitutionality

Answer 2

Parties who challenge the constitutionality of a provision in a statute must raise the constitutionality of the provisions sought to be challenged at the time they institute legal proceedings.

all this information must be placed before the Court of first instance.”

Question 3

What is Constitutionalism?

Answer 3

the adherence to a constitution
Simply put, the constitutionalism principle requires that all government action comply with the Constitution.”

Question 4

what is Section 39 of Bill of Rights?

Answer 4

(a) must promote the values that underlie an open and democratic society based on human dignity, equality and freedom;
(b) must consider international law; and
(c) may consider foreign law.

Question 5

what is PAJA?

Answer 5

Promotion of Administrative Justice Act

Question 6

Remedies ito Constitution

Answer 6

Declaration of invalidity
Declaration of rights
Interdicts
Mandamus
Damages
Contempt of court
Exclusion of evidence
Administrative law and labour remedies
Development of the common law
Costs awards
Referral to Chapter 9 Institutions or other relevant authorities

Question 7

what is the hierarchy of courts in SA

Answer 7

1. Constitution
2. SCA
3. HC
4. MC
5. Any other court

Question 8

how the constitutional cases reach the constitutional court?

Answer 8

1. Appeal
2. direct access
3. review of Bills or Acts of Parliament
4. Confirmation proceedings

Question 10

important considerations about a matter being justiciable

Answer 10

1. do the parties have standing
2. is the matter ripe for hearing
3. is the matter moot
4. is the matter a real case with an actual disputes

Question 11

what is declaration of invalidity

Answer 11

severance: removing the invalid part of the law

Reading in: court reads the constitutionally required words into the legislation

Readings down: save the statutory provision from constitutional invalidity by giving it a meaning

Striking Down: the entire law is struck down

Question 12

what is Chapter 9 institutions?

Answer 12

The public Protector
The SA Human Rights Commission
the Commission for Gender Equality
The Auditor-General
The Electoral Commission

Question 14

who can approach the constitutional court

Answer 14

1. anyone acting in their own interest
2. acting on behalf of another who cannot act in their own name
3. acting as a member or interest of a group
4. in the public’s interest
5. an association acting in the interest of its members