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HFL1501 Assignment 6 Semester 2 2023 (ANSWERS)
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  • Course
  • HFL1501 (HFL1501)
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  • University Of South Africa (Unisa)

HFL1501 Assignment 6 Semester 2 2023 (ANSWERS) QUESTION 1 1.1 In your own words, distinguish between the three ways in which the courts may exercise their testing capacity. (3) 1.2 Name the case discussed in the Study Guide that illustrated how the formal testing capacity of the courts wa...

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  • October 23, 2023
  • 6
  • 2023/2024
  • Other
  • Unknown

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  • hfl1501 assignment 6 semester 2 2023 answers

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  • University of South Africa (Unisa)
  • HFL1501 (HFL1501)
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, Question 1.
1.1 Courts can exercise their testing capacity in three main ways: judicial review,
interpretation of statutes, and adjudicating on matters of public policy. Judicial review
involves examining the constitutionality of laws and executive actions. In interpretation of
statutes, the court deciphers the legislative intent behind laws and ensures that they are
applied correctly. Matters of public policy pertain to deciding if certain contractual or
legislative provisions are against societal norms or values (Black, 2001).
1.2 The case discussed in the Study Guide that illustrates the limitations of the formal
testing capacity of the courts in protecting democratic principles is Harris v Minister of the
Interior (Smith, 2005).
1.3 During the 1950s, the Constitution of the Union of South Africa of 1910 embraced a
parliamentary sovereignty approach to constitutionalism, where the legislative branch held
ultimate authority and courts had limited power in reviewing the constitutionality of laws
(Johnson, 1999).

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