rule of law Flashcards

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1
Q

constitutional values

A

Moral principles or accepted foundational standards that govern behaviour of members of society

s1: dignity , non-racialism & non-sexism, suffrage etc.

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2
Q

constitutional principles

A

Basic principles = essential ideas on which SA system of government is based

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3
Q

substantive law

A

refers to its content

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4
Q

formal or procedural law

A

refers to the way in which substantive rights are achieved

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5
Q

Separation of powers

A

Separation of powers - limiting the powers of the three branches of government
The principle that there must be some separation of function and, in some cases, personnel of the three branches of government

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6
Q

different branches of government

A
  1. ​ ​Legislature = Parliament + provincial legislature + local council
  2. ​ ​Executive = president + deputy president + cabinet ministers
  3. ​ ​Judiciary = system of courts
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7
Q

checks and balances

A

Checks and balances – different parts of government are answerable to each other

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8
Q

rule of law

A

evolving constitutional principle enforceable by the courtsRule of law emphasises the fact that the law is supreme and should treat everyone equally*, and state should ​respect a​n individual’s fundamental rights
*​with exception – insane people/minors/disabled etc.

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9
Q

Lon Fuller 8 Characteristics

A
  1. Generality
  2. promulgation
  3. non retroactivity
  4. clarity
  5. non contradictory
  6. possibility of compliance
  7. constancy through time
  8. congruence between actions and rules
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10
Q

what is judicial independence

A

The judicial authority of the Republic is vested in the courts.
The courts are independent and subject only to the Constitution.
No person or organ of state may interfere with the functioning of the courts.

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11
Q

Judicial impartiality

A

​Judges required to apply law impartially- without bias or favour

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12
Q

3 kinds of democracy

A
  1. representative
  2. participatory
  3. direct
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13
Q

first generation human rights

A

Individual or civil rights
Oldest types of rights
Recognised 18t​ h​ Century
Absolute + immediate – always need to be protected

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14
Q

second generation human rights

A

Economic/social/cultural rights

Important after WW2 (when world’s economy + infrastructure needed to be rebuilt)

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15
Q

third generation human rights

A

1980s

pollution and wars increased Include right to clean environment Right to peace (not to make war)

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