South African Constitutional Law: Core Principles Explained
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24 cards
Question: What is constitutional law in South Africa?
Answer: The body of rules, doctrines and practices that govern the operation of the state, regulate state structure and functioning, determine which instituti
Question: Why is the Constitution described as the supreme law of South Africa?
Answer: Because it is the highest source of authority; any law or conduct inconsistent with it is invalid and constitutional obligations must be fulfilled.
Question: List the core values contained in the Constitution mentioned here.
Answer: Dignity, equality and freedom (or democracy).
Question: What was the key feature of the South African legal landscape before 1994?
Answer: Parliamentary supremacy: the legislature (Parliament) was sovereign, could make and amend legislation and could amend the constitution on its own; the
Question: Define parliamentary supremacy (sovereignty) in this context.
Answer: A system where the legislature is sovereign, retains competence to make and amend laws, and can amend the constitution without constraint by a higher
Question: Define constitutional supremacy as described.
Answer: A system where the constitution is sovereign and the highest authority; all statutes and executive actions must comply with the constitution.
Question: What is cooperative government under the Constitution?
Answer: All spheres of government and organs of state must cooperate with one another in mutual trust and good faith, supporting interrelated working relation
Question: How does the Constitution reflect separation of powers?
Answer: Indirectly: it divides government powers into making laws (legislative), applying/executing laws (executive), and resolving disputes (judicial) to pro
Question: What is the relationship between separation of powers and checks and balances?
Answer: Separation of powers allocates functions to different branches; checks and balances allow each branch to monitor and limit the others to prevent abuse
Question: Give one example of how courts embody checks and balances.
Answer: Courts may declare laws or executive conduct unconstitutional, checking the other branches.