HFL1501 - Historical Foundations Of South African Law
Institution
University Of South Africa
HFL1601 Assignment 6 Semester 1 2023
QUESTION 1
Answer the following questions regarding historic constitutions in South
African legal history mentioned in the Study Guide:
1.1 Name two South African constitutions of which you have learned in this
module that were promulgated during the twenti...
QUESTION 1
Answer the following questions regarding historic constitutions in South
African legal history mentioned in the Study Guide:
1.1 Name two South African constitutions of which you have learned in this
module that were promulgated during the twentieth century that
entrenched only the formal testing powers of the courts. (2)
The two South African constitutions of the twentieth century that entrenched only
the formal testing powers of the courts are:
The South Africa Act of 1909: This constitution, which established the Union of
South Africa, provided for a Supreme Court and provincial high courts but did not
include provisions for the protection of human rights or the limitation of
government power.
The Republic of South Africa Constitution Act of 1961: This constitution
established the Republic of South Africa and introduced a new Supreme Court.
However, it did not include provisions for the protection of human rights or the
limitation of government power.
1.2 Which nineteenth-century constitution of an independent republic in
South Africa was influenced by the American Constitution? (1)
The nineteenth-century constitution of an independent republic in South Africa that
was influenced by the American Constitution is:
The Constitution of the South African Republic (Transvaal Republic): This
constitution, adopted in 1858, was influenced by the American Constitution,
particularly with regard to the separation of powers and the federal structure of
government.
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