Exam (elaborations)
CSL2601 EXAM PACK 2022
- Course
- CSL2601 - Constitutional Law
- Institution
- University Of South Africa
CSL2601 EXAM PACK 2022
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EXCLUSIVE TUTORIALSEXAMPACK
CSL2601
EXAM PACK
1
, Contents
May/June
2013 .............................................................................................................................................1 Oct/Nov
2013................................................................................................................................................9
May/June
2014 ...........................................................................................................................................17 Oct/Nov
2014..............................................................................................................................................26
May/June 2013
QUESTION 1
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QUESTION 2
, 2.1 Direct democracy means that all major political decisions are taken by the people themselves.
This form of democracy may work in a different, small political community where people can get
together on a regular basis (e.g. in a town hall) to discuss and decide important matters of
common interest. Representative democracy, on the other hand, is characterized by the fact that
the citizens of a state elect the representatives of their choice, and these representatives then
express the will of the people. Representative democracy is created via a process of elections
which should be held at regular intervals and reasonably frequently. Note that although direct
democracy is suitable for a small community, representative democracy is suitable for a modern
state which covers a wide geographic area.
2.2 A democracy is characterized by the following:
Free and regular elections
A multiparty system
Universal suffrage (i.e. all citizens above a certain age have the right to vote)
The protection of minorities
Mechanisms to ensure accountability to government.
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3
2.3 Constitutions are often classified as flexible or inflexible, supreme or not supreme, written or unwritten,
and indigenous (autochthonous) or borrowed.
The distinction between flexible and inflexible constitutions relates to the difficulty of amending them.
Flexible constitutions require no special procedures or majorities for amendment and can be amended in
the same manner as any other legislation. Inflexible constitutions require special amendment procedures
(e.g. a two-week notice period) and special amendment majorities (e.g. a two-thirds majority) before
they can be amended. An inflexible constitution can therefore not be amended in the same manner as
ordinary legislation; this seeks to entrench the constitution as a whole, or some of its provisions, against
the shifts in ordinary politics. This does not necessarily mean that an inflexible constitution is seldom
amended. To amend it, however, the stipulated requirements must be met.
The Constitution of the Republic of South Africa, 1996 is an example of an inflexible constitution. Its
amendment requires special procedures and special majorities. Most of its provisions can be amended
only by a two-thirds majority of the National Assembly. Other provisions are even more firmly
entrenched. In this regard, section 74 of the Constitution provides specifically that
(1) Section 1 and this subsection may be amended by a Bill passed by
(a) the National Assembly, with a supporting vote of at least 75 per cent of its members; and (b)
the National Council of Provinces, with a supporting vote of at least six provinces.
(2) Chapter 2 may be amended by a Bill passed by
(a) the National Assembly, with a supporting vote of at least two-thirds of its members; and (b)
the National Council of Provinces, with a supporting vote of at least six provinces.
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