HFL1501 Assignment 6 PORTFOLIO Semester 2 2024 - DUE 23 October 2024 (ANSWERS) ;Assignment,(Elaboration) -100% satisfaction guarantee @UNISA2024
HFL1501 Assignment 6 PORTFOLIO (COMPLETE ANSWERS) Semester 2 2024 - DUE 23 October 2024; 100% TRUSTED Complete, trusted solutions and explanations.
HFL1501 Assignment 6 PORTFOLIO (COMPLETE ANSWERS) Semester 2 2024 - DUE 23 October 2024 | Course Historical Foundations of South African Law (HFL1501)
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, QUESTION 1 1.1 Name one South African constitution of which you have
learned in this module that embraced an approach of complete denial of the
principle of constitutionalism. (1) 1.2 Provide evidence from the Constitution of
the Republic of South Africa, 1996 that supports the statement that the current
South African governmental structure is not based on parliamentary
supremacy. (4) [5]
1.1 One South African constitution that embraced an approach of complete denial of the
principle of constitutionalism is the 1909 Constitution of the Union of South Africa. This
constitution established parliamentary sovereignty, meaning the government was not bound by
any higher legal authority.
1.2 Evidence from the Constitution of the Republic of South Africa, 1996 supporting the idea
that the current governmental structure is not based on parliamentary supremacy includes the
following:
Section 1(c): This section declares that South Africa is founded on the supremacy of the
Constitution and the rule of law, implying that Parliament is not the supreme authority
but must function within the limits set by the Constitution.
Section 2: It states, "This Constitution is the supreme law of the Republic; law or
conduct inconsistent with it is invalid, and the obligations imposed by it must be
fulfilled." This emphasizes that all organs of state, including Parliament, are subject to
the Constitution.
Chapter 8 (Sections 165–180): This chapter establishes the independence of the
judiciary, which has the power to review and nullify laws that are unconstitutional,
further limiting parliamentary supremacy.
These sections highlight that the current South African government operates under
constitutional supremacy, where the Constitution is the highest law, rather than under
parliamentary supremacy.
QUESTION 2 2.1 Provide one valid example of each of the following
classifications of things: a) a consumable thing (1) b) a single thing (1) c) res
extra commercium (1) 2.2 Which form of delivery is applicable in the following
scenarios? a) André leases an office complex from Michelle for a period of
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