Study Set Content:
1: When is litigation needed?
When a legislative provision is found to be unconstitutional.
2: Court will then...
Rule on the Constitutionality of the provision.
3 : There are two stages of litigation regarding an unconstitutional provision, namely?
- Infringement Stage
- Limitation Stage
4: When does the infringement stage begin?
The infringement stage begins when an allegation is made that the provision of legislation violates a constitutional right.
5: Why is the allegation made?
In order to define the right that is allegedly being infringed.
6: Rights are either defined...
- Unconditionally
- Conditionally
7: Which rights are unconditionally defined?
Sections 9, 12 and 18.
8: Unconditionally defined rights of section 9, 12 and 18 means that...
These sections do not include built in restrictions
9: Conditionally Defined rights include...
Section 16, 17, 22, 26, 27 and 30, these rights have their own built in restrictions within the Contitution
