Study Set Content:
A judge of the Constitutional Court must serve how many years?
12 years at the Constitutional Court if he or she had served a minimum of three years as a judge at another court before he or she was appointed to the Constitutional Court.
Who may appoint a chief justice who has already served 15 years to continue serving?
The President
What are the two types of private prosecution available to South Africans seeking justice?
- Invoking section 7 of the CPA, on the issuance of a certificate by the Director of Public Prosecutions.
- Applying section 8 of the CPA of private prosecution by statutory right.
Legal consultant Sipho Nkosi set out that the framework for all prosecutions is established through the (3 things)...
- Constitution
- National Prosecuting Authority Act
- Criminal Procedure Act (CPA)
Section 1 (c) of the Constitution states
South Africa is a republic founded on the value of constitutional supremacy.
Section 2 of the Constitution states
That the Constitution is ‘supreme law in the Republic; any law or conduct inconsistent with it is invalid, and the obligations imposed by it must be fulfilled.
The rules in the Constitution thus...
Trumps all other rules contained in
- statutes,
- common law
- custom law
Constitutional supremacy has various implications for...
- A State
- State Actors
- Person's within a states jurisdiction
These implications are...
That the rules in a constitution both establishes and constrains the excercise of the state's power
A state can only act in terms of...
Its Constitution, and if they are out of bounds the conduct is legally invalid
What is parliamentary supremacy?
Where the legislature has the supreme law making power. There is no rule that parliament cannot repeal or make.
What is the Westminster model and who uses it?
The Westminster model is adopts parliamentary supremacy and the UK uses it.
When did SA function under parliamentary supremacy?
During apartheid
The core difference between parliamentary sovereignty and constitutional supremacy is..
Where the ultimate authority for law-making power lies
The ultimate authority in parliamentary supremacy lies in...
The legislature.
The ultimate authority in constitutional supremacy lies in..
The Constitution of the state.
A common model for the separation of these powers is known as...
Trias Politica
Trias politica establishes...
Three arms of state namely:
- The Executive
- The Judiciary
- The Legislature
The legislature is empowered to..
Make laws
The judiciary is empowered to..
Interpret laws.
