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HFL1501 FINAL ASSIGNMENT 25 OCTOBER 2023 R50,00   Add to cart
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HFL1501 FINAL ASSIGNMENT 25 OCTOBER 2023
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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 was not sufficient to protect the basic underlying ...

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  • October 23, 2023
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  • 2023/2024
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  • hfl1501 assignment 6 25 october 2023

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MEMORANDUM
HFL1501
Second semester of 2023
Assessment 6: QUESTIONS
This assessment is an elective assessment.
Due date: 12:00 (noon/midday) on Wednesday, 25
October 2023

QUESTION 1
1.1 In your own words, distinguish between the three ways in which the courts
may exercise their testing capacity. (3)
1.1 The courts may exercise their testing capacity in three ways:
- Formal Testing: In this approach, the court checks if a law or action complies with
the formal or procedural requirements of the Constitution. It focuses on whether the
correct processes were followed.
- Substantive Testing: This involves examining whether a law or action conforms to
the substantive requirements and values enshrined in the Constitution. It assesses the
actual impact on rights and principles.
- Functional Testing: This goes beyond formal and substantive aspects. It looks at
whether a law or action effectively achieves its intended goals and is practically
implementable.
1.2 Name the case discussed in the Study Guide that illustrated how the formal
testing capacity of the courts was not sufficient to protect the basic underlying
principles of an open and free democracy. (1)
1.2 The case discussed in the Study Guide illustrating the insufficiency of the formal
testing capacity of the courts is "Khumalo v Holomisa."
1.3 During the 1950s, the Constitution of the Union of South Africa of 1910
applied. Indicate which approach to the principle of constitutionalism was
embraced by that Constitution. (1)
[5]

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