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Summary Constitutional Law (Important Concepts) $8.51
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Summary Constitutional Law (Important Concepts)
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  • Course
  • Introduction To Law
  • Institution
  • University Of The Witwatersrand (wits)

Notes for Introduction to law (LAWS1011A at Wits University). A comprehensive summary of the topic content - including diagrams, definitions and explanations where applicable. *Includes case summaries

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Document information

  • February 27, 2023
  • 12
  • 2022/2023
  • Summary

Subjects

  • constitutional law
  • intro to law
  • law
  • constitution of south africa

Written for

  • University of the Witwatersrand (wits)
  • Introduction To Law
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Constitution: Chapter 6
Created @May 5, 2022 11:54 AM

Class

Type

Materials

Reviewed


Intro
Parliamentary sovereignty was substituted by Constitutionalism or “rule of law” in
1994




Generations of first-generation rights:
first-generation rights:

Freedom from unlawful interference from the state.

right to life, freedom of association, speech, → blue second-generation rights



second-generation rights

socio-economic rights

state to take positive action

right to housing, medical service, education and work
→ red rights


third-generation rights




Constitution: Chapter 6 1

, rights that pertain to groups

healthy living environment
development and self-determination
→ green rights


All rights are interrelated interdependent and indivisible
The state has a duty to

1. respect: refrain from interfering in an individual's enjoyment of rights

2. protect: ensure that individual's rights are not curtailed by a third party: the
allocation of resources to ensure a right is made effective

3. fulfil: the allocation of resources to ensure a right is made effective


Bill of Rights
Chapter 2 - List of human rights


Section 7

Affirms democratic values of human dignity, equality and freedom. The state must
respect, protect, promote and fulfil the right in the bill of rights. Subject to limitations
contained in S36.



Section Applieses all law and binds leg, executive, judiciary and organs of state

Applies all law and binds leg, executive, judiciary and organs of state

vertical application: state - public (the state has to perform a duty)

must apply/give effect/develop common law → S39 link

limitations → link to s36

may develop p common law




Constitution: Chapter 6 2

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