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EDSA700 ASSIGNMENT 1 2023
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EDSAASSIGNMENT 1
The Republic of South Africa's Constitution is a powerful but necessary legal
instrument that was required to forge her people into the "Rainbow Nation" they are
today. South Africa became the diverse, democratic, and "truly free" nation that it is
today because of this tool. The Constitution's second chapter contains the Bill of
Rights.1 At its most fundamental, the Bill of Rights aims to accomplish two things.
Without a basic understanding of the system that existed before the Constitution, the
Bill of Rights cannot be properly understood.
. South Africa did not have a supreme and justiciable Bill of Rights prior to the
Constitution's adoption. This fact was used by both the colonial government and the
apartheid government to pass various laws that violated the majority of South
Africans' fundamental rights. Various nations have adopted various government
structures that are appropriate for them. A legitimate government has the legal
authority to rule the country. A popular government is one that is supported by the
majority of its citizens. One of the most important documents that provides the
framework within which the government operates is the constitution. The relationship
between citizens and the government is defined in this fundamental document. It
likewise characterizes the powers that the public authority has and how it ought to
practice them.
Many people consider the South African Bill of Rights to be one of the most amazing
forms of affirmed humanitarian aid ever created. The South African Constitution
included the Bill because of its significance . As the supreme law of South Africa, the
Bill of Rights was incorporated into the Constitution, ensuring that every citizen's
rights were safeguarded, regarded equally, and confirmed. Moreover, by applying it
to all South African residents, this type of administration secures and upgrades the
variety (2) of the country by guaranteeing that all individuals are equivalent and by
permitting them to be identical to one another as well as liberating them from the
imbalance of the past, consequently decidedly supporting the picture of our 'Rainbow
Country'. Apart from White people, many races experienced disadvantage and
development delays during the apartheid era as a result of the racist Nationalist
regime. According to the Oxford Handbook of Gender and Politics , the Constitution's
adoption of the Bill of Rights supports the empowerment of those who have
experienced identity-challenging circumstances by providing any form of
governmental assistance to underprivileged individuals, particularly disadvantaged
women. This supports the diversity and democratic powers of the nation by
preserving the independence of the various cultures and allowing them to flourish in
safety on their own. The doctrine of parliamentary sovereignty governed the political
and legal system during this time.9 In general, this means that Parliament could pass
any law it wanted, even ones that violated fundamental rights The absence of a
supreme and justiciable Bill of Rights also meant that the courts had little legal power
to invalidate any law or state official's behavior that violated human rights.As long as
Parliament followed the proper procedure, the courts had to apply any unjust law it
, passed. The Constitution does not support every policy that is beneficial to the nation
as a whole.
Financial support is frequently required for the ability to uphold the rights outlined in
the Bill of Rights. This necessitates foreign investment, which not only harms the
economy but also causes its demise, eventually resulting in democracy's collapse(6).
In order to assist the president in making significant decisions, the majority of
democracies in third-world nations eventually have to rely on parliamentary rule. This
ultimately prompts defilement brought about by pay disparity and different variables,
which in the end prompts the evacuation of power and all types of a majority rules
government for the sake of social change . These oddities could eventually lead
South Africa back into the hours of Politically-endorsed racial isolation, however with
an other dominating race driving the mass detachment.
The Right to Equal Rights: The right to balance is India's most memorable crucial
right and is explained in its constitution. This fundamental right is especially
significant in India, a diverse nation. India's population is diverse and has a wide
range of life experiences. Diversity can be seen in the things we eat, the clothes we
wear, the movies we watch, our language, our ethnicity, and our religion. It is
amazing that a nation as diverse as India has shown such unity, despite class
divisions based on pay, religion, rank, and geological areas. Equal rights merit a lot
of praise as well. This right ensures that everyone, regardless of position, ideology,
orientation, sex, religion, or identity, is treated fairly by the law. Opportunity as a
Right: The Constitution of India guarantees the right to freedom to every Indian
citizen. This is a critical principal right, including the ability to speak freely and
development the nation over. But this isn't a right for everyone. A citizen is prohibited
from causing harm when exercising their freedom. The use of force and violence
negate this right. Opportunity of affiliation, opportunity of development, opportunity to
gather, opportunity to rehearse a calling, and opportunity to live anyplace in the
nation are extra freedoms that fall under this class. Protection Against Harm: Despite
India's class divisions, this right applies to stop caste-based discrimination, which is
the root cause of human rights violations. Unapproachability and station and religion-
based separation are two instances of practices that are pervasive in India. This right
stops the powerful people in our society from taking advantage of the weaker people.
Right against abuse shields individuals from subjugation, prostitution, kid work,
illegal exploitation, and different types of double-dealing.The absence of religious
persecution: There are nine main religions that a lot of people follow in south Africa:
Hinduism, Islam, Christianity, Buddhism, Jainism, Sikhism, Judaism, Zoroastrianism,
and the Baha'i Faith. This is the kind of fundamental right that makes our country
democratic and secular, and it needs to be made abundantly clear. The
misconception that India is a Hindu nation is widespread. Not only is this incorrect,
but it also poses a threat to our nation's fundamentally secular fabric and the
democratic principles enshrined in the constitution. Regardless of the number of
individuals that training it, every religion has equivalent remaining in the country. The
Constitution of our country is a heavenly record that plays filled the part of being the
gadget that has joined the occupants of South Africa on a common view where all
are comparable paying little brain to establishment as well as giving the choice to
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