THE CONSTITUTION

Question 1

KEY CHARACTERISTICS

Answer 1

Supremacy:
The constitution is the highest law of the land, and all other laws must conform to it. Any law that conflicts with the constitution is considered invalid.
Written or Unwritten:
Constitutions can be written, like that of the United States or South Africa, or unwritten, like the United Kingdom’s, which is based on statutes, conventions, and legal precedents.
Rigidity or Flexibility:
Constitutions can be rigid, making it difficult to amend (e.g., the U.S. Constitution), or flexible, allowing for easier modifications through ordinary legislative processes (e.g., the UK’s uncodified constitution).
Establishment of Government Structure:
The constitution defines the structure of government, including the separation of powers among the executive, legislative, and judicial branches.
Rule of Law:
The constitution embodies the principle that everyone, including the government, is subject to the law, ensuring that governance is conducted according to established legal principles.
Protection of Fundamental Rights:
Constitutions often include a bill of rights or similar provisions that protect the fundamental rights and freedoms of individuals against government infringement.
Distribution of Powers:
The constitution outlines the distribution of powers between different levels of government (e.g., federal and state governments) and branches of government (e.g., executive, legislative, judicial).

Question 2

DEFINITION

Answer 2

A Constitution is a body of fundamental principles governing a state. It:
* Sets out the organization of governmental elements
* Defines power distribution and wielding
* Acts as a contract between power holders and subjects
* Outlines citizens’ rights and duties
* Establishes mechanisms for checking power

Question 3

THE MACHINERY OF SOUTH AFRICAN GOVERMENT

Answer 3

In the Republic of South Africa, the Constitution serves as the supreme law of the country. Any law or conduct inconsistent with it is invalid and the obligations that it imposes must be fulfilled.
All laws passed by Parliament or any other legislative body, (provincial or a municipality) have to meet the stringent requirements that are laid down in it.
The Republic of South Africa is one sovereign democratic state founded on the values in the first chapter of the constitution.

Question 4

TYPES OF CONSTITUTIONS

Answer 4

written- formal document that clearly outlines the laws and principles governing a country

unwritten- consists of laws, customs and principles that have ben developed over time but are not compiled in a single document

Question 5

COMPARISON BETWEEN WRITTEN AND UNWRITTEN

Answer 5

Written- precise, systematic, definite
Unwritten- unprecise, unsystematic and indefinite

Written - AKA enacted constitution
Unwritten- AKA unenacted contitution

Written- promulgated on a specific date in history
unwritten- no specific date, developed over time

written- rigid, ammendment requires constitutional laws
unwritten- flexible, ammendment does not require constitutional laws

Question 6

The South African constitution

Answer 6

• Parliamentary representative democratic republic
• Written constitution
• Multi-party system
• President as head of government, elected by parliament
• Presidential accountability to National Assembly

Question 7

Seven Key Functions

Answer 7

1. Determines government authority and functions
2. Organizes national common affairs
3. Establishes legislative authority and functions
4. Defines relationships between government institutions
5. Determines executive form and authority
6. Prescribes judiciary form and nature
7. Establishes court hierarchy and appointment processes

Question 8

Foundational Values and Principles

Answer 8

1. Human Dignity
   o Recognizes inherent worth of individuals
   o Ensures respectful treatment
2. Equality
   o Equal treatment before law
   o Eliminates unfair discrimination
3. Non-Racialism and Non-Sexism
   o Rejects racial and gender discrimination
4. Constitutional Supremacy and Rule of Law
   o Constitution as highest law
   o Ensures legal compliance

Question 9

Separation of Powers

Answer 9

• Allocates specific functions to distinct institutions
• Prevents abuse of political power
• Protects human rights

Question 10

branches of government

Answer 10

1. Legislature
   o Makes laws within constitutional framework
2. Executive
   o Executes legislative orders
3. Judiciary
   o Adjudicates on law execution and contraventions