Exam (elaborations)
CSL2601 Assignment 2 Semester 2 2024 - DUE 10 September 2024
- Course
- Institution
CSL2601 Assignment 2 Semester 2 2024 - DUE 10 September 2024 QUESTIONS AND ANSWERS
[Show more]
Seller
Follow
msmartie11
Reviews received
Content preview
[Date]CSL2601 Assignment 2
Semester 2 2024 - DUE
10 September 2024
QUESTIONS AND ANSWERS
, CSL2601 Assignment 2 Semester 2 2024 - DUE 10 September 2024
In the early 1990s when South Africa was contemplating transition to democracy,
Wiechers advanced the case for the establishment of a constitutional court. He
argued that this court would be able to protect and enforce human rights and
liberties [and] to provide expert knowledge and the political as well as socio-
economic understanding which is needed to judge intricate constitutional processes
and issues.1 This view echoes the contemporary view that the Constitution2 that
was designed to revolutionise the South African state reflects the needs and
interests of all South Africans.3 In its articulation of a unique form of the
separation of powers doctrine4 and in pursuit of ensuring a modern, robust
constitutional democracy, the judiciary has viewed its role as complementary to (as
opposed to distinct from) the legislative and executive branches of the state. As
Corder remarks, in its first 15 years, the Constitutional Court’s judgments were
‘careful, wide, fair and at time courageous commitment to constitutional principle
and practice’.5 So determined is the judiciary to uphold constitutional principle
and practice that it has recently admonished the executive, with a court declaring
that a particular government department was ‘grossly non-compliant’ and its
representatives had shown up late for the court hearing.6 Some important
developments in South African constitutional law are set out below. First, for the
first time in South Africa’s history, two judges and the Public Protector were
impeached. South Africa also has a multi-party government for the first time since
the advent of democracy thirty years ago. _________________ 1 Marinus
Wiechers ‘A constitutional court for South Africa’ in DJ van Vuuren et al South
Africa in the Nineties (1991) HSRC Publisher 290. 2 Constitution of the Republic
of South Africa, 1996. 3 Pierre de Vos & Warren Freedman (eds) et al South
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller msmartie11. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $2.50. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
78998 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now