Intro to ConLaw Flashcards
(32 cards)
What is the focus of Constitutional Law?
Principles, rules, and procedures that govern the organization and powers of the state
Includes distribution of powers between branches of government and protection of rights and freedoms.
What historical event occurred in 1910 in South Africa?
Unification of the four settler colonies
Initially preserved the inclusive Cape franchise.
What is the significance of the 1951 Separate Representation Voters Act?
Creation of the homelands system
It affected the political landscape and representation in South Africa.
When did South Africa become a republic?
1961
Retained parliamentary supremacy.
What was adopted by the ANC in 1988-89?
Constitutional Guidelines and the Harare Declaration
What is the purpose of the Constitutional Assembly (CA)?
To draft the final Constitution guided by the 34 Constitutional principles
It was adopted by at least two-thirds of CA members.
Define constitutionalism.
A government that acts under the authority of a written and supreme Constitution and is constrained by it.
What does the South African Constitution state about its supremacy?
It is the supreme law of the Republic; any inconsistent law or conduct is invalid.
Section 2 of the South African Constitution.
List key constitutional values in South Africa.
- Human dignity
- Achievement of equality
- Advancement of human rights and freedoms
- Non-racialism and non-sexism
- Supremacy of the constitution
- Rule of law
- Universal adult suffrage
- Regular elections
- Multi-party system
What is quasi-federalism as per South African Constitution?
Government is constituted as national, provincial, and local spheres that are distinctive, interdependent, and interrelated
Section 40(1) of the Constitution.
What are the characteristics of a liberal/western Constitution?
- Imposes negative duties
- Vertical application of rights
- Neutral to private relations
- Limited socio-economic rights
- Strict separation of powers
What defines a transformative Constitution?
- Seeks to redress historic injustice
- Imposes positive duties
- Horizontal application of rights
- Justiciable socio-economic rights
Who developed the concept of Separation of Powers?
French Philosopher Montesquieu
What is the purpose of the Separation of Powers?
- Check on the exercise of power
- Encourages accountability
- Promotes efficiency
- Protects individual rights
- Promotes democratic stability
What is strong form judicial review?
The ability of courts to declare laws passed by the legislature as invalid and/or unconstitutional.
What does the South African legislature consist of?
- National Assembly (400 Members)
- National Council of Provinces (90 Members)
What powers does the legislature have?
- Pass, amend, and repeal legislation
- Select candidates for constitutional bodies
- Hold executive accountable
- Maintain oversight
What is the role of the executive in South Africa?
- Make policy
- Implement and administer law
- Make crucial appointments
- Govern with the Cabinet
What is the foundational principle of the judiciary?
Judicial independence
What is the Counter-majoritarian dilemma?
Judicial review involves courts taking undemocratic decisions that may go against the popular will.
What are the three main principles of the rule of law according to Dicey?
- Law is supreme
- Everyone is equal before the law
- Law must be clear, certain, and predictable
What is the difference between thin and thick conceptions of the rule of law?
- Thin: focuses on procedural aspects
- Thick: requires law to protect and promote fundamental rights and freedoms
What does section 1(c) of the South African Constitution establish?
Supremacy of the constitution and the rule of law
Define direct democracy.
A system of governance that entails direct participation of citizens in rule and decision-making.
