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IRM1501 ASSIGNMENT 1 AND 2 2024 ANSWERS AND GUIDELINES
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IRM1501 ASSIGNMENT 1 AND 2 2024 ANSWERS AND GUIDELINES
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, IRM1501 ASSIGNMENT 01QUESTION 1
With relevant decided cases, discuss transformative constitutionalism and identify
three basic principles of transformative constitutionalism. (6 MARKS)
Transformative constitutionalism is a concept that focuses on using the constitution as a tool for bringing
about social and political change. It is often associated with post-apartheid South Africa and its efforts to
address the legacy of apartheid through constitutional reform.
One relevant case that illustrates transformative constitutionalism is Minister of Health and Others v
Treatment Action Campaign and Others (2002). In this case, the South African Constitutional Court ruled
that the government's policy on providing anti-retroviral drugs to pregnant women with HIV was
unconstitutional. The court's decision was based on the principle that the government has a duty to take
reasonable legislative and other measures to achieve the progressive realization of the right to access
healthcare services.
Three basic principles of transformative constitutionalism can be identified from this case:
1. Social justice and equality: Transformative constitutionalism seeks to address and remedy historical
injustices and inequalities through the constitution. In the Treatment Action Campaign case, the court's
decision aimed to ensure that all citizens, particularly those affected by HIV/AIDS, have equal access to
healthcare services.
2. Substantive rights: Transformative constitutionalism emphasizes the protection of substantive rights,
rather than just formal rights. In the case, the court interpreted the right to access healthcare services in
a way that required the government to take active steps to make this right a reality for those in need.
3. Active judicial role: Transformative constitutionalism recognizes the importance of the judiciary in
promoting and enforcing constitutional values and principles. The court's decision in the Treatment
Action Campaign case illustrates the active role of the judiciary in reviewing and, if necessary, striking
down government policies that are inconsistent with constitutional rights.
Reference:
Minister of Health and Others v Treatment Action Campaign and Others (2002) (5) SA 721 (CC)
QUESTION 2
Discuss four forms of plagiarism. (4 MARKS
1. Direct plagiarism: This is the most obvious form of plagiarism where someone copies word-for-word
from a source without giving proper credit.
2. Self-plagiarism: This occurs when a person submits their own work that they have already published
elsewhere without citing their previous work.
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