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HFL1501 Assignment 6 PORTFOLIO Semester 2 Due 23 October 2024 £2.28   Add to cart
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HFL1501 Assignment 6 PORTFOLIO Semester 2 Due 23 October 2024
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  • Module
  • Historical Foundations of South African Law
  • Institution
  • University Of South Africa
  • Book
  • Foundations of the South African Law of Defamation

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...

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  • October 11, 2024
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HFL1501

Assignment 6

PORTFOLIO

Semester 2

DUE 23 October 2024

, 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.
The Constitution of the Zuid-Afrikaansche Republiek (ZAR) denied the principle of
constitutionalism by allowing the executive wide-ranging powers without judicial oversight.


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.
The Constitution of the Republic of South Africa, 1996 establishes constitutional supremacy
instead of parliamentary supremacy. Section 2 explicitly states that the Constitution is the
supreme law of the Republic, and any law or conduct inconsistent with it is invalid. Section
172(1)(a) empowers courts to declare invalid any law or conduct that contradicts the
Constitution. Section 39(2) mandates that all courts, when interpreting legislation or developing
common or customary law, must uphold the spirit and objectives of the Bill of Rights,
reinforcing constitutional supremacy over parliamentary decisions. Additionally, Section 173
grants higher courts inherent authority to develop common law in alignment with constitutional
principles, and Section 211 requires customary law to comply with the Constitution.

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