Exam (elaborations)
FUR2601 Assignment 2 Semester 2 2024 - DUE 27 September 2024
- Course
- FUR2601 (FUR2601)
- Institution
- University Of South Africa (Unisa)
QUESTIONS AND ANSWERS FUR2601 Assignment 2 Semester 2 2024 - DUE 27 September 2024
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[Company name]FUR2601
Assignment 2
Semester 2 2024 -
DUE 27 September
2024
QUESTIONS WITH 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 Constitutional Court of South Africa has played a pivotal role in the
interpretation and application of the Bill of Rights, often drawing upon
international law and foreign legal precedents. Here's a detailed breakdown of its
approach:
Role of International Law and Foreign Law
1. Guidance in Interpretation: The Constitutional Court uses international
law and foreign law to guide the interpretation of the rights enshrined in the
Bill of Rights. This aligns with the South African Constitution, particularly
Section 39(1), which mandates that courts must consider international law
and may consider foreign law when interpreting the Bill of Rights.
2. Filling Gaps: International and foreign laws are used to fill gaps in
domestic legislation, especially when local law is silent or ambiguous. This
ensures that South Africa's human rights framework is comprehensive and
aligned with global standards.
3. Strengthening Human Rights: By referencing international human rights
treaties and foreign judicial decisions, the Constitutional Court strengthens
the protection and promotion of human rights in South Africa. This
comparative approach helps to enhance the credibility and robustness of
its judgments.
Extent of Usage
1. International Law: The Constitutional Court extensively uses international
law, particularly United Nations treaties, conventions, and the
jurisprudence of international human rights bodies. For example, in cases
like S v Makwanyane, the court referred to international human rights
standards to support its decision to abolish the death penalty.
2. Foreign Law: The Court frequently looks to the constitutional
jurisprudence of other countries, especially those with similar constitutional
frameworks or historical contexts. For instance, decisions from the United
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