Theme 8 Flashcards

1
Q

Main objectives of preamble

A
  1. Heal divisions of past & establish society based on democratic value
  2. Lay foundations for a democratic society where law equally protects citizens
  3. Improve quality of life
  4. Build a United democratic Sa
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2
Q

Constitution religiously neutral

A

Protects principles of secularism and freedom of religion. Slight bias in favour of religion.

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3
Q

Interpretative importance of preamble

A

• Lays down basic constitutional values and goals
• Interpret vague and ambiguous provisions

S v Mhlungu confirms importance

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4
Q

Why is the state regarded a jurist of person ?

A
  1. Comprised of people with competency to exercise authority of juristic person.
  2. Has it own characteristics to distinguish it from other states.
  3. Law binds the state.
  4. State may institute legal proceedings.
  5. Assets of juristic person are separate to assets of natural person.
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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

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