Exam (elaborations)
FUR2601 Assignment 2 Semester 2 2024 - DUE 27 September 2024
- Course
- FUR2601 (FUR2601)
- Institution
- University Of South Africa
FUR2601 Assignment 2 Semester 2 2024 QUESTIONS WITH ANSWERS
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[Company name]FUR2601
Assignment 2
Semester 2 2024 -
DUE 27
September 2024
QUESTIONS WITH DETAILED ANSWERS
,FUR2601 Assignment 2 Semester 2 2024 - DUE 27 September 2024
Question 1
Describe The Role Of And How Extensively The Constitutional Court Used
International Law As Well As Foreign Law In The Interpretation Of The
Rights In The Bill Of Rights. (10 Marks)
## The Role of International and Foreign Law in the Interpretation of the Bill
of Rights by the Constitutional Court
### Introduction
The Constitutional Court of South Africa plays a critical role in interpreting
the rights enshrined in the Bill of Rights. In performing this role, the Court
often draws on international law and foreign law to guide its interpretations
and ensure that South African jurisprudence aligns with global human
rights standards.
### Constitutional Mandate
Section 39(1) of the Constitution provides that when interpreting the Bill of
Rights, a court, tribunal, or forum must:
- **(a)** Promote the values that underlie an open and democratic society
based on human dignity, equality, and freedom;
, - **(b)** Consider international law; and
- **(c)** May consider foreign law.
This constitutional mandate underscores the importance of looking beyond
national boundaries to enrich and inform the interpretation of rights.
### Role of International Law
#### **1. **Binding and Non-Binding Instruments***
International law includes treaties, conventions, and customary
international law. The Constitutional Court uses both binding (e.g., ratified
treaties) and non-binding (e.g., international guidelines) instruments to
interpret the Bill of Rights. For instance, South Africa's ratification of the
International Covenant on Civil and Political Rights (ICCPR) means that its
provisions are considered in interpreting corresponding rights in the
Constitution.
#### **2. **Influence on Human Rights Jurisprudence***
International law provides a comprehensive framework for understanding
human rights. The Court often references international human rights
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