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In the context of fundamental rights, what is the difference between a negative right
and a positive right?
a) A negative right imposes a duty on the state, while a positive right imposes a duty
on individuals.
b) A negative right protects individuals from state interference, while a positive right
requires state action to fulfill it.
c) A negative right can be limited, while a positive right is absolute.
d) A negative right is enforceable in court, while a positive right is not.
Answer: b) A negative right protects individuals from state interference, while a
positive right requires state action to fulfill it.
Which approach to the interpretation of the Bill of Rights emphasizes the literal
meaning of the constitutional provisions?
a) Purposive interpretation
b) Generous interpretation
c) Textual interpretation
d) Contextual interpretation
Answer: c) Textual interpretation
Which stage of the equality analysis requires establishing whether a differentiation
amounts to discrimination?
a) Stage 1
b) Stage 2
c) Stage 3
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d) Stage 4
Answer: b) Stage 2
In order to establish a violation of the right to equality, discrimination must be proven
to be:
a) Direct and intentional
b) Indirect and unintentional
c) Direct and unfair
d) Indirect and fair
Answer: c) Direct and unfair
What is the standard of review used by courts to assess the reasonableness of
limitations on fundamental rights?
a) Rational basis review
b) Proportionality analysis
c) Strict scrutiny
d) Balancing test
Answer: b) Proportionality analysis
Which case established the importance of the right to human dignity as the
foundation for all other personal rights in the Bill of Rights?
a) S v Zuma
b) S v Makwanyane
c) Harksen v Lane
d) Dawood v Minister of Home Affairs
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