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What is constitutional law and what key relationship does it concern?
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Constitutional law is the branch of law that relates to the relationship between citizens and the state.
Discuss the concept of universal adult suffrage.
Universal adult suffrage is the right for all adult citizens to vote in elections, which is a fundamental aspect of democracy.
Explain the importance of the rule of law in constitutional law.
The rule of law ensures that everyone, including government officials, must comply with the law, and the judiciary interprets and applies it consistently.
Why is an independent judiciary crucial in a constitutional democracy?
An independent judiciary is crucial as it must remain impartial and be protected from interference to uphold justice and apply the law fairly.
In what landmark case was legislative overreach by the executive addressed?
In the Executive Council of the Western Cape case, it was ruled against legislative overreach by the executive.
What exclusive right do citizens have under South African constitutional law?
Only citizens have electoral rights, such as the right to vote and stand for elections.
What role do Chapter 9 institutions play in South Africa's constitutional framework?
They safeguard democracy and accountability, with bodies like the Public Protector and the IEC investigating government misconduct.
What significance does the multi-party system have in South African democracy?
The multi-party system ensures provision for public participation in the decision-making process and supports universal adult suffrage.
What does the concept of separation of powers entail in constitutional law?
The separation of powers mandates a distinction between legislative, executive, and judiciary branches, preventing encroachment by one branch over another.
What is the function of the Judicial Service Commission in South Africa?
It is responsible for judicial appointments and discipline, ensuring the judiciary's independence and impartiality.
How does the rationality test apply to executive actions?
The rationality test checks whether executive actions are reasonable and in accordance with legal standards and principles.
Which section of the Constitution sets forth the founding principles of South Africa as a sovereign democratic state?
Section One of the Constitution.
What are the components included under the founding principles outlined in Section One of the Constitution?
Human dignity, equality, rights, freedom, non-racialism, and non-sexism.
What are the implications of the supremacy of the Constitution in South African law?
It implies that all laws and government actions must comply with the Constitution, which is the ultimate authority.
How are constitutional amendments regulated in South Africa?
Amendments require rigorous processes as per Section 74 of the Constitution, with high thresholds for key provisions.
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