FUR2601 Fundamental Rights (FUR2601)

FUR2601 EXAM PACK 2023

FUR2601 EXAM PACK 2023

FUR2601 EXAM PACK 2023

Recent exam questions and answers and summarized notes for exam preparation.

MAY/JUNE 2018 SUBSECTION A QUESTION ANSWER EXPLANATION 1 False The indirect application of the Bill of Rights means, that rather than finding law or conduct unconstitutional and providing a constitutional remedy, a court applies ordinary law, but interprets or develops it with reference to the values in the Bill of Rights. 2 True Because there is nothing about the nature of this right that makes it impossible for juristic persons to invoke it. 3 True The Constitution ma...

Fundamental Rights Notes: FURI6212 Learning Unit 1: Chapter 9: Introduction to and application of the Bill of Rights The structure of the Bill of Rights litigation: When a person alleges that the state or person has infringed the fundamental right, the process that the courts must follow to determine if the allegation is valid or not is divided into three stages: 1. Application/Procedural stage – court has to answer a number of questions i. Can X go to court to claim his/her right was...

FUR2601 Assignment 1 Semester 2 2022. Which of the following refers to the Judiciary? a. A branch of government is vested with the authority to implement and enforce laws, and to make policy. b. A branch of government is vested with the authority to interpret legal rules and to apply them in concrete cases. c. A branch of government vested with legislative authority in the national sphere. D d. A branch of government vested with legislative authority in the provincial and municipal spher...

FUR2601 Assignment 2 Semester 2 2022. Is the City of Cape Town bound by the Bill of Rights? Give reasons for your answers The City of Cape Town is bound by the Bill of Rights because it is an organ of state in terms of section 239(b) (ii) (a functionary or institution exercising a public power or performing a public function in terms of legislation). The City of Cape Town is vested with power to promulgate bylaws and is an organ of state in terms of section 239 of the Constitution. Thus, ...

FUR2601 Assignment 1 Semester 2 2022. Which of the following refers to the Judiciary? a. A branch of government is vested with the authority to implement and enforce laws, and to make policy. b. A branch of government is vested with the authority to interpret legal rules and to apply them in concrete cases. c. A branch of government vested with legislative authority in the national sphere. D d. A branch of government vested with legislative authority in the provincial and municipal spher...

FUR2601 Assignment 2 Semester 2 2022. Identify and name the rights potentially infringed by the bylaw. The right to housing is enshrined in section 26 of the Constitution, which states that: 1) Everyone has a right to have access to adequate housing. 2) The state must take reasonable legislative and other measures within its available resources to achieve the progressive realisation of this right. The right to human dignity is enshrined in section 10 of the Constitution, where it is stated...