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PBL 210 > Theme 6 > Flashcards

Theme 6 Flashcards

1
Q

What are the 5 core elements of a state ?

A
  1. A community of people
  2. Specific territory
  3. Specific government
  4. Authority
  5. Independence
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2
Q

What is citizenship ?

A

The relationship between the state and the individuals within the territory of the state on a national basis.

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3
Q

What is nationality ?

A

The relationship between a state and an individual in an international law context.

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4
Q

What are characteristics of citizens?

A

• Permanent affiliation to a country.
• Permanent inhabitants of a state.
• Certain rights & responsibilities non-citizens don’t have.
• Afforded constitutional protections.

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5
Q

What are characteristics of alien ship ?

A

• Not permanently affiliated to a country.
• Not citizen but a visitor or foreigners.
• Rights & responsibilities are different.
• Afforded constitutional protections.

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6
Q

What does section 3 do ?

A

Protects commonality of SA citizenship and protects rights,duties, responsibilities and privileges of citizens. All citizens are equal and citizenship is communal.

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7
Q

Why does section 36 not apply to section 3 ?

A

Section 3 is not part of B o R so commonality disputes about citizenship don’t have to apply with section 36 limitation clause requirements.

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8
Q

What regulates acquisition, loss and restoration of citizenship ?

A

The national legislation; SA citizenship act.

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9
Q

What does section 20 entail ?

A

No citizen may be deprived of citizenship.

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10
Q

What does section 28 entail ?

A

• Every child has right to citizenship from birth.
• Part of B o R and can be limited.
• Duty to grant citizenship to stateless children who live in SA.
• Limit statelessness in the international community.

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11
Q

How can you acquire citizenship ?

A
  1. By birth in the territory of the state.
  2. Through descent of citizens.
  3. Through a process of neutralisation.
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12
Q

What is neutralisation ?

A

When a SA citizen simultaneously has the nationality of another state.

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13
Q

How can you acquire neutralisation ?

A
  1. Needs to be granted a certificate of neutralisation by the minister
  2. A child whose parents aren’t citizens can obtain it if they’ve lived in SA from date of birth til date of becoming a major & if they’ve been registered in accordance with Birth and Deaths Registration Act.
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14
Q

What does section 103 do ?

A

Lays out the National territory, define areas of 9 provinces with reference to geographical areas represented by municipal demarcated maps.

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15
Q

Territory facts

A

• Changing the name of a province is constitutional amendment
• Boarders of a country are determined by international law
• A state can be composed of different parts, separated by territory of another state if each part fully demarcated.
• Territory includes everything under surface, airspace and national waters.

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16
Q

What are the ways territory can be expanded or reduced ?

A
  1. Occupation
  2. Annexation
  3. Prescription
  4. Cession
  5. Adjudication
  6. Alleviation
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17
Q

What are occupation and annexation ?

A

Occupation is the acquisition of territory which does not form part of any state.
Annexation is the acquisition of territory by force of another state.

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18
Q

What is prescription and cession ?

A

Prescription is the acquisition of territory through lengthy and uninterrupted occupation of that area which formed part of another state.
Cession is the transfer of a part of a states territory by one state to another.

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19
Q

What is adjudication and alleviation ?

A

Adjudication is the transfer of territory by one state to another ito international adjudication.
Alleviation is the expansion of territory through national accretion.

20
Q

What is government authority in a positive sense ?

A

• Government bodies exercise authority in respect of all matters and persons in territory of that state (except foreign personnel and diplomatic representatives).
• State can limit own authority by entering into treaties with other states (e.g to build military bases)

21
Q

What is government authority in a negative sense ?

A

• No authority to enforce rules outside territory except exercise of criminal jurisdiction and prosecution of serious crimes.
• Cross boarder law enforcement essential element of pursuit of justice & rule of law in global world.
• Prosecution outside home country discourages criminals from escaping crime.

22
Q

What is the general view regarding crimes committed in foreign countries ?

A

Crimes that occur in foreign countries are best tried in those countries.

23
Q

Von Abo v Government of RSA

A

• Rights of SA citizens to diplomatic protection is the right to request protection counterbalanced by duty of government to respond to request in good faith.
• Issue of diplomatic protection falls under executive function of government.
• Government decides whether they’ll give protection & what form.
• Government determines SA’s policy regarding diplomatic assistance.

24
Q

What is government authority?

A

• The power of the state to order rules and conduct and enforce the law
• Government authority is exercised through organ of state.
* Section 239 defines which government bodies in a state are regarded as organs of state
• Distributed between different levels.

25
Q

Kaunda v President of RSA

A

• Diplomatic assistance is prerogative of state and is exercised at its discretion.
• Law of state can be applicable beyond boarders if application of law does not interfere with sovereignty of another nations law.
• SA constitution does have extra territorial application in special cases
• however B o R does not apply & cannot be enforced

26
Q

Diplomatic immunity

A

Diplomatic immunity is the privilege of exemption from certain laws granted to diplomats in state they are working in.

27
Q

Diplomatic protection

A

Action by one state against another in respect of an injury to person/property of former state caused by international delict by the other state.

28
Q

Which part of executive branch is responsible for foreign policy and diplomatic assistance ?

A

Department of International Relations and Co-operation

29
Q

What is the organ of state ?

A

Single person/group through which government authority is exercised. Can only exercise authority in functional areas distinguished in schedule 4 and 5 of constitution.

30
Q

What is subsidiarity ?

A

A form of decentralisation based on ideological view that decisions should be made at lowest possible level.

31
Q

What is an unfunded mandate ?

A

Statue or regulation that requires state to perform certain action with no money provided.

32
Q

What is nationalisation ?

A

Private matters being taken over by the government

33
Q

What does section 40 do ?

A

Defines SA government and spheres of government which are distinctive , interdependent and interrelated.

34
Q

Importance of dividing government

A
  1. Ensures inhabitants of certain regions are more autonomous.
  2. Concentration of power in one level is prevented.
  3. Decision making closer to people
  4. Facilitates more effective government.
35
Q

What is a unitary form of state ?

A

National government is vested with highest authority and lower levels cannot restrict this authority. No real distribution.

36
Q

What is a federation?

A

Authority is distributed between federal government and participating states. Real distribution of authority.

37
Q

What are characteristics of a federal state ?

A

• Group of independent states agree to form a new state & lose independence.
• Federal government may not exercise authority over matters in jurisdiction of federal state and vice versa.

38
Q

What is a confederation ?

A

An association of states which are fully sovereign joined together by a treaty for purposes of cooperation in matters of own interest.

39
Q

Characteristics of presidential system

A

• Head of government is head of state
• Head of state is not part of parliament
• Head is directly voted by voters

40
Q

Parliamentary system characteristics

A

• Two offices are split and vested in different persons
• Head of state and his cabinet are both members and accountable to national legislature

41
Q

Importance of independence

A

• No authority from outside territory may exercise it’s authority
• Attained through international recognition
• Regulated ito international law
• Capacity of states to enter into relations with other states

42
Q

What is democracy ?

A

Political/social unit which ultimately governed by all its members and includes practice of social equality

43
Q

What is theocracy ?

A

Government is by a deity or by priesthood who has direct control and is regulated by religious laws.

44
Q

What is Oligarchy ?

A

Government by a small group of elite people.

45
Q

What is a dictatorship ?

A

Authoritarian rule by a person with absolute power in a state and can’t be restricted by laws.

46
Q

What is a republic ?

A

Form of government where people /elected representatives posses supreme state powers. Elected representatives form a political unit at national level and head of state is president.

PBL 210 (6 decks)

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