Theme 8 Flashcards
1
Q
Main objectives of preamble
A
- Heal divisions of past & establish society based on democratic value
- Lay foundations for a democratic society where law equally protects citizens
- Improve quality of life
- Build a United democratic Sa
2
Q
Constitution religiously neutral
A
Protects principles of secularism and freedom of religion. Slight bias in favour of religion.
3
Q
Interpretative importance of preamble
A
• Lays down basic constitutional values and goals
• Interpret vague and ambiguous provisions
S v Mhlungu confirms importance
4
Q
Why is the state regarded a jurist of person ?
A
- Comprised of people with competency to exercise authority of juristic person.
- Has it own characteristics to distinguish it from other states.
- Law binds the state.
- State may institute legal proceedings.
- Assets of juristic person are separate to assets of natural person.
5
Q
Founding values of constitution
A
• Human dignity
• Achievement of equality
• Advancement of human rights and freedoms
• Non racialism & non sexism
• Supremacy of constitution & rule of law