Well-structured FUR2601 EXAM PREPARATION PACK - DISTINCTION GUARANTEED. Contains recent exam questions and answers, and Summarised study notes. All you need to pass the 2025 EXAMS.
FUR2601
EXAM PACK
Recent exam questions and answers
Summarised study notes
Exam tips and guidelines
+27 81 278 3372
DISCLAIMER & TERMS OF USE
1. Educational Aid: These study notes are designed to serve as educational aids and should not be considered as a
substitute for individual research, critical thinking, or professional guidance. Students are encouraged to
conduct their own extensive research and consult with their instructors or academic advisors for specific
assignment requirements.
2. Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of the
information provided in these study notes, the seller cannot guarantee the completeness or correctness of all
the content. It is the responsibility of the buyer to verify the accuracy of the information and use their own
judgment when applying it to their assignments.
3. Academic Integrity: It is crucial for students to uphold academic integrity and adhere to their institution's
policies and guidelines regarding plagiarism, citation, and referencing. These study notes should be used as a
tool for learning and inspiration, but any direct reproduction of the content without proper acknowledgment and
citation may constitute academic misconduct.
4. Limited Liability: The seller of these study notes shall not be held liable for any direct or indirect damages,
losses, or consequences arising from the use of the notes. This includes, but is not limited to, poor grades,
academic penalties, or any other negative outcomes resulting from the application or misuse of the information
provide
]
, lOMoARcPSD|22437965
Which of the following statements best describes the difference between a
declaration of rights and a declaration of invalidity?
a. a declaration of rights is binding on all while a declaration of invalidity is aimed at
resolving a dispute between particular parties.
b. a declaration of rights differs from a declaration of invalidity in that it may be
granted even when no law or conduct is found to be inconsistent with the bill of rights
whereas a declaration of invalidity flows from a finding that there is an inconsistency
between law or conduct and the constitution
c. none of the answers provided
d. all of the answers provided
The requirement of "general application" in section 36 of the Constitution is met
when...
a. the rule is precise
b. the rule is accessible
c. the rule is not applied arbitrarily or in a way that that discriminates unfairly
between people or groups of people
d. all of the answers provided
The purposive method of interpretation is in favour of rights and against their
restriction.
a. True, the purposive method of interpretation entails drawing boundaries of rights
as widely as the language in which they have been drafted and the context in which
they are used will allow.
b. False, the purposive method of interpretation refers to the textual interpretation of
rights combined with a generous method of interpretation as indicated by the
Constitutional Court in S v Zuma.
c. True, the purposive method of interpretation is in favour of rights but only in so far
as they are textually qualified.
d. False, the purposive method of interpretation is the interpretation of a provision
that best supports and protects the core values that underpin a society based on
human dignity, equality and freedom.
Parliament passes an Act that states that no public servant may be a member of a
secret society. Would a member of a secret organisation, who is not a public servant,
on behalf of all of the members of the organisation prejudiced by the Act, have
standing to challenge the constitutionality of the Act in a court of law?
a. Yes, in terms of Section 38(c) of the Constitution
b. Yes, in terms of Section 38(c) or section 38(b) of the Constitution
c. Yes, in terms of section 38(e) of the Constitution
d. Yes, in terms of Section 38(b) of the Constitution
Downloaded by Corona Virus (cvirus017@gmail.com)
, lOMoARcPSD|22437965
Compliance with mandatory orders is usually enforced by...
a. default judgement
b. a contempt of court order
c. all of the answers above
d. a declaration of invalidity
Jeff Nekhumbe is a transgender man that you are representing in a discrimination
matter before the Equality Court. He tells you that he did some research and there is
a matter that was heard in India that is similar to his. He asks that you present the
matter to the court. Should the court consider the Indian case when interpreting the
Bill of Rights?
a. The court may consider the case in terms of section 39(1)(c) of the Constitution
b. The court must consider the matter in terms of section 39(2) of the Constitution
c. The court must consider the case in terms of section 39(1)(c) of the Constitution
d. The court must consider the case in terms of section 39(1)(a) of the Constitution
Which of the following is NOT a factor relevant to awarding constitutional remedies?
a. the consequences of the constitutional violation for the victims should be taken
into account
b. the identity of the violator is irrelevant
c. the separation-of-powers doctrine suggests that courts owe the legislature a
certain degree of deference when devising a constitutional remedy
d. a court order must not only afford effective relief to a successful litigant, but also to
all similarly situated people
Can the Western Cape provincial government invoke the right to equality?
a. None of the answers provided
b. This is unlikely because the Western Cape provincial government is an organ of
state and its nature precludes the right to equality
c. Yes, because of the nature of the right
d. Yes, organs of state are not excluded to the entitlements of any rights in the Bill of
Rights
The remedies stage is...
a. When the court determines the appropriate constitutional remedy after
determining that a right has been infringed
b. When the court will determine the appropriate remedy after it finds that a violation
of right is not a justifiable limitation
c. When the courts decide on the appropriate sentence for a respondent after
determining that there has been an infringement of a right in the Bill of Rights
Downloaded by Corona Virus (cvirus017@gmail.com)
, lOMoARcPSD|22437965
d. When the court decides on an appropriate remedy regardless of whether a right
has been infringed or not
The Court's approach to severance consists of two parts. Which of the following
statements accurately describe the two parts?
a. all of the answers provided
b. it must be possible to sever the bad from the good and the remainder must still
give effect to the purpose of the law
c. the courts must strike down chunks of the law and leave the rest intact
d. the courts must remove the bad parts and maintain the good parts without editing
the law
Which of the following does NOT apply to the contextual interpretation?
a. a broad understanding of contextual interpretation includes public opinion as
necessary for determining context
b. contextual interpretation must be used with caution because it may be used as a
shortcut to eliminate "irrelevant" fundamental rights
c. one of the dangers of context may be used to limit rights instead of interpreting
them
d. a broad understanding of contextual interpretation includes systemic interpretation
Which of the following is part of stage 1 of the enquiry to determine the violation of
the equality clause?
a. Determining whether the law or conduct differentiates between people or
categories of people.
b. Determining whether the discrimination amounts to unfair discrimination?
c. Determining whether the violation is justified in terms of the limitation clause
section 36?
d. Determining whether the differentiation is based on a specific ground?
Public opinion is dealt with in...
a. generous interpretation
b. purposive interpretation
c. none of the answers provided
d. contextual and systemic interpretation
Which of the following cases was the first case where reading-in was applied?
a. _None of the answers provided_
b. _President of Republic of South Africa v Hugo_
c. _Fose v Minister of Safety and Security_
Downloaded by Corona Virus (cvirus017@gmail.com)
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 Edge. 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.
