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FUR2601 FUNDAMENTAL RIGHTS 22 Jun 2023 exam memo
- Institution
- University Of South Africa (Unisa)
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FUR2601 FUNDAMENTAL RIGHTS 05 October 2021Exam prep
FUNDAMENTAL RIGHTS
FUR2601
, Compiled bystudybuddy10111
And error omitted please revert to your study guide
For more law study packs contact mabela2by2@gamil.com
1.
Vertical application of the Bill of Rights refers to the application of
the Bill of Rights to a dispute between private parties, where the
constitutionality of legislations is not at issue. (2)
1) True, vertical application of the Bill of Rights is only applicable
between private parties.
2) False, vertical application refers to the application of the Bill of Rights
to a dispute which concerns the constitutionality of legislation, or a
dispute to which the state is a party.
3) False, the Bill of Rights can only be applied horizontally.
4) True, with vertical application of the Bill of Rights the constitutionality
of legislation is always not at issue.
Answer: 2) False, vertical application refers to the application of the Bill
of Rights to a dispute which concerns the constitutionality of legislation,
or a dispute to which the state is a party.
2.
In the substantive stage, the onus is first on the respondent, who
must show that he/she infringed the applicant’s rights. (2)
1) False, in the substantive stage, the onus is first on the applicant, who
must show that an infringement of a right has taken place.
2) True, in the substantive stage, the onus is first on the respondent,
who must show that he/she infringed the applicant’s rights.
3) False, in the substantive stage the onus is on the respondent to
indicate that the applicant’s rights can be limited.
4) False, in the substantive stage, the onus is on the applicant, to show
that the infringement is not justifiable in terms of section 36 of the
Constitution.
Answer: 2) True, in the substantive stage, the onus is first on the
respondent, who must show that he/she infringed the applicant’s rights.
1
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