Unit 7- The Constitution And You

Question 1

The constitution

Answer 1

• the rules by which a country is governed are found in the constitution
• the constitution is a long document which sets out the structure and functions of government
• also sets out the standards that will have to be used to protect the individual against any abuse of power by the state
• SAs written constitution was adopted in 1996

Question 2

Where does our constitution come from?

Answer 2

• we had many previous constitutions which were not democratic
• 1994~1996 interim constitution
• everyone had a chance to give their views

Question 3

What is contained in the constitution?

Answer 3

• detailed plan for the running of our country on a sound democratic basis
• contains: bill of rights, governing of our country at national, provincial and local level, administration of justice, rules regulating elections, functioning of police, how finances of country should be managed, powers of traditional leaders, establishment of institutions to support our constitutional democracy, sets out the nine provinces, 11 languages, national symbols.

Question 4

Why is the constitution so important?

Answer 4

• foundation of our democracy
• it is the supreme law, everyone is rules by constitution
• all legislation may be challenged in terms of the constitution , in a court, and changed or removed if it is found to be inconsistent with the constitution
• powers of state are legislative (makes laws), executive (applies and carries out laws) and judicial authority (decided legal disputes) this is separation of powers ie too much power leads to abuse
• sets out structure of the judiciary and judicial system
• set up state institutions to support our democracy (public protector, human rights commission, commission for gender equality, electoral commission) they are independent and ensure the government does its work properly

Question 5

The spirit of the constitution

Answer 5

• the people also have a responsibility to make democracy work through meaningful participation and input.
• constitution was written by the people for the people