Test on South African Constitutional Law: Core Principles

Question 1: According to Section 8 of the Constitution, the Bill of Rights applies only to the legislature, the executive, the judiciary, and all organs of state, and never binds natural or juristic persons.

A. Ano

B. Ne

Explanation: Section 8 states that the Bill of Rights binds the legislature, the executive, the judiciary, and all organs of state. However, it also clarifies that a provision of the Bill of Rights binds a natural or a juristic person if, and to the extent that, it is applicable, taking into account the nature of the right and the nature of any duty imposed by the right. Therefore, the statement that it *never* binds natural or juristic persons is incorrect.

Question 2: According to Section 2 of the Constitution, which establishes it as the supreme law of the Republic, what is the consequence for any law or conduct found to be inconsistent with it?

A. Such law or conduct becomes void and without legal effect.

B. Such law or conduct can be temporarily suspended until reviewed.

C. Such law or conduct is referred to a public referendum for a final decision.

D. Such law or conduct is only invalid if it infringes on the Bill of Rights.

Explanation: Section 2 explicitly states: 'This Constitution is the supreme law of the Republic; law or conduct inconsistent with it is invalid, and the obligations imposed by it must be fulfilled.' This means any law or conduct that contradicts the Constitution is considered invalid.

Question 3: Hugo de Groot believed that the Law of Nature is alterable by God himself, due to God's infinite power.

A. Ano

B. Ne

Explanation: Hugo de Groot explicitly stated, "Now the Law of Nature is so unalterable, that it cannot be changed even by God himself. For although the power of God is infinite, yet there are some things, to which it does not extend."

Question 4: Human rights remain in existence whether or not they are recognized by government or society.

A. Ano

B. Ne

Explanation: The study materials explicitly state that human rights 'Exist whether government or society recognize them or not'.

Question 5: According to the provided study materials, which philosopher(s) asserted that individuals must relinquish their natural rights to a sovereign power?

A. John Locke

B. Thomas Hobbes

C. Jean Jacques Rousseau

D. Hugo de Groot

Explanation: Thomas Hobbes' natural law theory states that people agreed among themselves to “lay down” their natural rights of equality and freedom and give absolute power to a sovereign. John Locke argued that no sovereign could legitimately infringe on natural rights. Jean Jacques Rousseau stated that individuals should not be forced to give up their natural rights to a king, but rather to the 'whole community' as the sovereign. Hugo de Groot's philosophy focused on natural law as unalterable and a standard for judging government laws, not on relinquishing rights to a sovereign.