rule of law

Question 1

constitutional values

Answer 1

Moral principles or accepted foundational standards that govern behaviour of members of society

s1: dignity , non-racialism & non-sexism, suffrage etc.

Question 2

constitutional principles

Answer 2

Basic principles = essential ideas on which SA system of government is based

Question 3

substantive law

Answer 3

refers to its content

Question 4

formal or procedural law

Answer 4

refers to the way in which substantive rights are achieved

Question 5

Separation of powers

Answer 5

Separation of powers - limiting the powers of the three branches of government
The principle that there must be some separation of function and, in some cases, personnel of the three branches of government

Question 6

different branches of government

Answer 6

1. ​ ​Legislature = Parliament + provincial legislature + local council
2. ​ ​Executive = president + deputy president + cabinet ministers
3. ​ ​Judiciary = system of courts

Question 7

checks and balances

Answer 7

Checks and balances – different parts of government are answerable to each other

Question 8

rule of law

Answer 8

evolving constitutional principle enforceable by the courtsRule of law emphasises the fact that the law is supreme and should treat everyone equally*, and state should ​respect a​n individual’s fundamental rights
*​with exception – insane people/minors/disabled etc.

Question 9

Lon Fuller 8 Characteristics

Answer 9

1. Generality
2. promulgation
3. non retroactivity
4. clarity
5. non contradictory
6. possibility of compliance
7. constancy through time
8. congruence between actions and rules

Question 10

what is judicial independence

Answer 10

The judicial authority of the Republic is vested in the courts.
The courts are independent and subject only to the Constitution.
No person or organ of state may interfere with the functioning of the courts.

Question 11

Judicial impartiality

Answer 11

​Judges required to apply law impartially- without bias or favour

Question 12

3 kinds of democracy

Answer 12

1. representative
2. participatory
3. direct

Question 13

first generation human rights

Answer 13

Individual or civil rights
Oldest types of rights
Recognised 18t​ h​ Century
Absolute + immediate – always need to be protected

Question 14

second generation human rights

Answer 14

Economic/social/cultural rights

Important after WW2 (when world’s economy + infrastructure needed to be rebuilt)

Question 15

third generation human rights

Answer 15

1980s

pollution and wars increased Include right to clean environment Right to peace (not to make war)