100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
Previously searched by you
Previously searched by you
logo
CSL2601 Assignment 2 Semester 2 2024 | Due 10 September 2024 CA$4.02   Add to cart
Quickly navigate to
Preview
  2.  
  3. University Of South Africa (Unisa)
  4.  
  5. Constitutional Law (CSL2601)

Exam (elaborations)

CSL2601 Assignment 2 Semester 2 2024 | Due 10 September 2024
 50 views  2 purchases
  • Course
  • Constitutional Law (CSL2601)
  • Institution
  • University Of South Africa (Unisa)

Below is a draft academic article. You must complete the article by answering the two questions beneath the article. Your answers must use the same style as in the article and be no more than 1 500 words (both answers combined, including footnotes). You must reference your work and write in an acad...

[Show more]

Preview 2 out of 8  pages

Document information

  • July 15, 2024
  • 8
  • 2023/2024
  • Exam (elaborations)
  • Questions & answers

Subjects

  • csl2601

Written for

  • University of South Africa (Unisa)
  • Constitutional Law (CSL2601)
All documents for this subject (42)

Seller

avatar-seller
Aimark94

Reviews received

Content preview

, PLEASE USE THIS DOCUMENT AS A GUIDE TO ANSWER YOUR ASSIGNMENT


Please note that the author of this document will not responsibility for any plagiarizing you
commit.

Below is a draft academic article. You must complete the article by answering the two questions
beneath the article.

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.

This view echoes the contemporary view that the Constitution that was designed to revolutionise the
South African state reflects the needs and interests of all South Africans. In its articulation of a unique
form of the separation of powers doctrine 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’. 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.

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 African Constitutional Law in Context (2 ed
Oxford University Press 2021) 26-27.
4 de Lange v Smuts NO 1998 (3) SA 785 (CC) para 60.
5 Hugh Corder ‘South Africa’s Constitutional Court at 30: a solid foundation but cracks are showing’
The Conversation (14 April 2024)
<https://theconversation.com/south-africas-constitutional-court-at-30-a-solid-foundation-but-cracks-ar
e-showing-227570>.
6 National Department of Public Works v Fani and 77 Others [Collectively referred to as ‘Residents of
Farm Greydel (Airport Park)] and Another [2024] ZASCA 43 (8 April 2024) para 5.

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

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

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

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 Aimark94. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for CA$4.02. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

75323 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy study notes for 14 years now

Start selling
CA$4.02  2x  sold
  • (0)
  Add to cart