QUESTION 1
1.1 Name one South African constitution of which you have learned in this module that
embraced an approach of complete denial of the principle of constitutionalism.
Answer the following questions based on your understanding of the HFL1501
study material:
QUESTION 1
1.1 Name one South African constitution of which you have learned in this module that
embraced an approach of complete denial of the principle of constitutionalism.
In Learning Unit 1 of the study guide, the South African Constitution that embraced an
approach of complete denial of the principle of constitutionalism was the Apartheid-era
Constitution, which vested supreme power in the Parliament rather than recognizing the
supremacy of the Constitution itself. This political system was based on the supremacy of
Parliament, denying constitutionalism by allowing laws that could override fundamental
human rights without constitutional checks and balances. The system of parliamentary
sovereignty under Apartheid rejected the notion of limiting government power through a
higher legal authority like a constitution.
1
Learning Unit 1
1.2 Provide evidence from the Constitution of the Republic of South Africa, 1996
that supports the statement that the current South African governmental structure is
not based on parliamentary supremacy.
Evidence from the Constitution of the Republic of South Africa, 1996 that supports the
statement that the current governmental structure is not based on parliamentary
supremacy can be found in Section 2, which states:
"This Constitution is the supreme law of the Republic; law or conduct inconsistent with it is
invalid, and the obligations imposed by it must be fulfilled."
This section clearly establishes the supremacy of the Constitution over Parliament and all
other branches of government. Unlike in the past, where Parliament had ultimate authority,
the 1996 Constitution ensures that all laws, policies, and actions of the government,
including those made by Parliament, must conform to the principles and provisions outlined
in the Constitution. If any law or action conflicts with the Constitution, it can be declared
invalid by the courts, reinforcing the idea that South Africa’s governmental structure is now
based on constitutional supremacy, not parliamentary supremacy.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through EFT, credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying this summary from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller Unisian. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy this summary for R50,00. You're not tied to anything after your purchase.
