The Constitution

Question 1

What is a Constitution

Answer 1

1. highest and supreme law of the country
2. Sets out roles and responsibilities of government and its functions.
3. Sets out fundamental values on which the democracy is founded upon.

Question 2

Historical events that lead to the creation of the Constitution

Answer 2

1. Apartheid

2. Interim Constitution

Question 3

Key elements that differentiates the ‘old’ from the ‘new’ constitutions

Answer 3

1. Parliamentary Sovereignty, which was used during apartheid meant that parliament could make, amend and repeal laws regardless of their substantive effect, as long as procedurally they went about it right. The courts could not challenge the validity of legislation.
2. Constitutional Supremacy, which we use now states that the constitution is supreme and everyone, including government and citizens must abide by it. If found to be against it, the legislation will be declared invalid.

Question 4

What is the purpose of the Constitution?

Answer 4

1. To set out the fundamental values and principles of the Country.
2. To protect its individuals and ensure stability
3. To set out roles of gov, how they are chosen etc etc

Question 5

What impact does the Constitution have on other sources

Answer 5

1. Section 2 ( Bill of Rights )

2. Section 39(2) - states that provisions must be made to follow and align with the values founded in S2.

Question 6

What are the most important principles embodied by the Constitution

Answer 6

1. Rule of Law - The law is supreme and everyone is liable to it. Both procedurally and substantively, The aim is for courts to apply the law independently in alignment with the Constitution
2. Separation of Powers - specific functions and duties are allocated to distinctive institutions with means of achieving accountability, avoiding the abuse of power etc. The gov is thus divide into 3 main branches, Legislative, Executive and Judicial
3. Checks and Balances
4. Democracy ( coming from the word ‘dem’ or ‘kratos’ which means “the people rule” ) .
   There are 3 types namely:
   Representative - citizens vote for individuals/parties to represent them
   Participatory - citizens do not vote but are able to give their views and opinions in an open manner.
   Direct - Citizens make decisions without the usage of government