Today's lecture aims to clarify and re-explain the diagram from Tutorial Letter 102 on constitutional law.
Focus on the relationship between citizens and the state.
Importance of understanding the implications of constitutional law in relation to exams and recent developments.
Definition of Constitutional Law
Constitutional law is defined as the branch of law that relates to the relationship between citizens and the state.
Emphasis on citizens:
Only citizens have electoral rights (right to vote and stand for elections).
Judges in South Africa must be citizens.
Non-citizens also protected under the constitution, e.g., by the public protector and the rule of law.
Exam Preparation
Exam date: September 6.
Exam structure: 25 true/false questions (50 marks for explanations) + 25 mark essay.
True/false questions are straightforward; explanations are essential.
Encourage personal interpretation supported by constitutional provisions and case law.
Essay focuses on constitutional law as a whole and should not merely redraw the diagram.
Key Concepts in Constitutional Law
Section One of the Constitution
South Africa as a sovereign democratic state.
Founding principles: Human dignity, equality, rights, and freedom.
Non-racialism and non-sexism as essential components.
Supremacy of the Constitution and the rule of law.
Rule of Law
Everyone, including government officials, must comply with the law.
The judiciary interprets the law and ensures it is applied consistently.
Importance of the rationality test in checking executive actions.
Separation of Powers
Distinction between the legislative, executive, and judiciary branches.
No branch should encroach upon the powers of another.
Example case: Executive Council of the Western Cape ruling against legislative overreach by the executive.
Independent Judiciary
The judiciary must be impartial and protected from interference.
Judicial Service Commission responsible for judicial appointments and discipline.
Example cases demonstrating impartiality and independence.
Democracy and Electoral Rights
Universal adult suffrage and the right to vote.
Multi-party system with provision for public participation in decision-making.
Entrenched Constitution
Amendments to the Constitution require rigorous processes (Section 74).
High thresholds for amending key provisions.
Protection of Human Rights
Chapter 2 enshrines fundamental rights.
Importance of ensuring rights for all citizens, regardless of status.
Chapter 9 Institutions
Institutions like the Public Protector and the IEC safeguard democracy and accountability.
Role of the Public Protector in investigating government misconduct.
Recent Developments
Judicial Service Commission's decision regarding Judge John Flopper's potential impeachment.
Need for understanding ongoing judicial processes and recent legal precedents.
Conclusion
Understanding of constitutional law is crucial for exams and practical application.
Focus on the fundamental elements of the constitutional system, including the role of citizens, the rule of law, and the importance of an independent judiciary.
Students are encouraged to engage with the material and prepare thoroughly for the upcoming exam.