CON 202 Exam 1 Test Bank 2025/2026 – Comprehensive
Practice Questions & Detailed Verified Answers Bundle
– Graded A+ Study Guide
SECTION 1: QUESTIONS 1–50
1. Which statement best describes constitutional democracy in South Africa?
A. Majority rule is unlimited
B. Parliament is legally supreme
C. Democratic government operates within constitutional limits and protects fundamental
rights
D. Courts have no authority over governmental action
Rationale: Constitutional democracy combines democratic government with constitutional
supremacy and enforceable rights.
2. A government department argues that because it received electoral support, it may
disregard a court order. Which principle directly rejects that argument?
A. Parliamentary privilege
B. Federal supremacy
C. Constitutional supremacy and judicial authority
D. Executive immunity
Rationale: Electoral legitimacy does not permit an organ of state to disregard binding
constitutional and judicial obligations.
3. Which chapter of the Constitution contains the Bill of Rights?
A. Chapter 1
B. Chapter 2
C. Chapter 5
D. Chapter 8
,Rationale: Chapter 2 contains the Bill of Rights.
4. Section 7 of the Constitution describes the Bill of Rights primarily as a cornerstone of
what?
A. Parliamentary procedure
B. Provincial administration
C. Democracy in South Africa
D. Municipal taxation
Rationale: The Bill of Rights is described as a cornerstone of democracy and places duties on
the state to respect, protect, promote and fulfil rights.
5. Which principle establishes that the Constitution has superior legal authority over
ordinary legislation in South Africa?
A. Parliamentary sovereignty
B. Executive privilege
C. Constitutional supremacy
D. Judicial restraint
Rationale: Section 2 establishes constitutional supremacy. Law or conduct inconsistent with the
Constitution is invalid.
6. Which of the following is expressly identified as a founding value of the Republic?
A. Parliamentary sovereignty
B. Human dignity, equality and advancement of human rights and freedoms
C. Unlimited executive authority
D. Judicial supremacy over Parliament
Rationale: Section 1 identifies human dignity, achievement of equality and advancement of
human rights and freedoms among the founding values.
7. What is the principal significance of the rule of law?
A. Government officials are above ordinary law
B. Courts may ignore legislation whenever they disagree with Parliament
C. Public power must be exercised according to law and constitutional requirements
D. Parliament may enact any law without constitutional review
Rationale: The rule of law requires governmental power to be exercised within a lawful and
constitutional framework.
8. A statute enacted by Parliament conflicts directly with an express constitutional
provision. What is the appropriate constitutional conclusion?
,A. Parliament automatically prevails
B. The President decides which rule applies
C. The statute is valid until Parliament voluntarily repeals it
D. The inconsistent law is invalid to the extent of the inconsistency
Rationale: Section 2 makes inconsistent law or conduct invalid.
9. Which institutional arrangement best describes separation of powers?
A. All state authority is vested in Parliament
B. Courts exercise executive authority
C. Legislative, executive and judicial functions are distributed among different institutions
D. Provinces control the national judiciary
Rationale: Separation of powers distributes governmental functions while allowing institutional
checks and balances.
10. Which statement best describes the horizontal application of the Bill of Rights?
A. Rights apply only between Parliament and citizens
B. Rights apply only to courts
C. Certain rights may apply between private persons as well as against the state
D. Rights have no relevance to private law
Rationale: Section 8 provides for application of the Bill of Rights to organs of state and, where
appropriate, to natural and juristic persons.
11. A company challenges legislation limiting a constitutional right. Which statement is
most accurate?
A. Companies can never possess constitutional rights
B. Only natural persons can invoke the Bill of Rights
C. A juristic person may enjoy rights to the extent required by the nature of the right and
the person
D. Companies automatically possess every constitutional right
Rationale: Section 8 recognises that juristic persons may enjoy rights to the extent applicable.
12. Which institution is the highest court of the Republic for constitutional matters?
A. High Court
B. Supreme Court of Appeal
C. Magistrates' Court
D. Constitutional Court
, Rationale: The Constitutional Court is the highest court in constitutional matters.
13. The judicial authority of the Republic is vested in:
A. Parliament
B. The President
C. The courts
D. Provincial executives
Rationale: Section 165 vests judicial authority in the courts.
14. Judicial independence means that courts must primarily be:
A. Controlled by Parliament
B. Directed by Cabinet
C. Independent and subject only to the Constitution and the law
D. Accountable to individual political parties
Rationale: Section 165 expressly protects judicial independence.
15. An organ of state attempts to instruct a judge how to decide a pending case. Which
constitutional principle is most directly implicated?
A. Cooperative government
B. Judicial independence
C. Provincial autonomy
D. Parliamentary privilege
Rationale: Section 165 prohibits interference with the functioning of courts.
16. Which right protects every person's inherent worth and requires respect for their
dignity?
A. Property
B. Human dignity
C. Assembly
D. Access to information
Rationale: Section 10 provides that everyone has inherent dignity and the right to have their
dignity respected and protected.
17. A university refuses admission solely because an applicant belongs to a particular racial
group. Which constitutional right is most directly implicated?
A. Privacy
B. Freedom of movement
Practice Questions & Detailed Verified Answers Bundle
– Graded A+ Study Guide
SECTION 1: QUESTIONS 1–50
1. Which statement best describes constitutional democracy in South Africa?
A. Majority rule is unlimited
B. Parliament is legally supreme
C. Democratic government operates within constitutional limits and protects fundamental
rights
D. Courts have no authority over governmental action
Rationale: Constitutional democracy combines democratic government with constitutional
supremacy and enforceable rights.
2. A government department argues that because it received electoral support, it may
disregard a court order. Which principle directly rejects that argument?
A. Parliamentary privilege
B. Federal supremacy
C. Constitutional supremacy and judicial authority
D. Executive immunity
Rationale: Electoral legitimacy does not permit an organ of state to disregard binding
constitutional and judicial obligations.
3. Which chapter of the Constitution contains the Bill of Rights?
A. Chapter 1
B. Chapter 2
C. Chapter 5
D. Chapter 8
,Rationale: Chapter 2 contains the Bill of Rights.
4. Section 7 of the Constitution describes the Bill of Rights primarily as a cornerstone of
what?
A. Parliamentary procedure
B. Provincial administration
C. Democracy in South Africa
D. Municipal taxation
Rationale: The Bill of Rights is described as a cornerstone of democracy and places duties on
the state to respect, protect, promote and fulfil rights.
5. Which principle establishes that the Constitution has superior legal authority over
ordinary legislation in South Africa?
A. Parliamentary sovereignty
B. Executive privilege
C. Constitutional supremacy
D. Judicial restraint
Rationale: Section 2 establishes constitutional supremacy. Law or conduct inconsistent with the
Constitution is invalid.
6. Which of the following is expressly identified as a founding value of the Republic?
A. Parliamentary sovereignty
B. Human dignity, equality and advancement of human rights and freedoms
C. Unlimited executive authority
D. Judicial supremacy over Parliament
Rationale: Section 1 identifies human dignity, achievement of equality and advancement of
human rights and freedoms among the founding values.
7. What is the principal significance of the rule of law?
A. Government officials are above ordinary law
B. Courts may ignore legislation whenever they disagree with Parliament
C. Public power must be exercised according to law and constitutional requirements
D. Parliament may enact any law without constitutional review
Rationale: The rule of law requires governmental power to be exercised within a lawful and
constitutional framework.
8. A statute enacted by Parliament conflicts directly with an express constitutional
provision. What is the appropriate constitutional conclusion?
,A. Parliament automatically prevails
B. The President decides which rule applies
C. The statute is valid until Parliament voluntarily repeals it
D. The inconsistent law is invalid to the extent of the inconsistency
Rationale: Section 2 makes inconsistent law or conduct invalid.
9. Which institutional arrangement best describes separation of powers?
A. All state authority is vested in Parliament
B. Courts exercise executive authority
C. Legislative, executive and judicial functions are distributed among different institutions
D. Provinces control the national judiciary
Rationale: Separation of powers distributes governmental functions while allowing institutional
checks and balances.
10. Which statement best describes the horizontal application of the Bill of Rights?
A. Rights apply only between Parliament and citizens
B. Rights apply only to courts
C. Certain rights may apply between private persons as well as against the state
D. Rights have no relevance to private law
Rationale: Section 8 provides for application of the Bill of Rights to organs of state and, where
appropriate, to natural and juristic persons.
11. A company challenges legislation limiting a constitutional right. Which statement is
most accurate?
A. Companies can never possess constitutional rights
B. Only natural persons can invoke the Bill of Rights
C. A juristic person may enjoy rights to the extent required by the nature of the right and
the person
D. Companies automatically possess every constitutional right
Rationale: Section 8 recognises that juristic persons may enjoy rights to the extent applicable.
12. Which institution is the highest court of the Republic for constitutional matters?
A. High Court
B. Supreme Court of Appeal
C. Magistrates' Court
D. Constitutional Court
, Rationale: The Constitutional Court is the highest court in constitutional matters.
13. The judicial authority of the Republic is vested in:
A. Parliament
B. The President
C. The courts
D. Provincial executives
Rationale: Section 165 vests judicial authority in the courts.
14. Judicial independence means that courts must primarily be:
A. Controlled by Parliament
B. Directed by Cabinet
C. Independent and subject only to the Constitution and the law
D. Accountable to individual political parties
Rationale: Section 165 expressly protects judicial independence.
15. An organ of state attempts to instruct a judge how to decide a pending case. Which
constitutional principle is most directly implicated?
A. Cooperative government
B. Judicial independence
C. Provincial autonomy
D. Parliamentary privilege
Rationale: Section 165 prohibits interference with the functioning of courts.
16. Which right protects every person's inherent worth and requires respect for their
dignity?
A. Property
B. Human dignity
C. Assembly
D. Access to information
Rationale: Section 10 provides that everyone has inherent dignity and the right to have their
dignity respected and protected.
17. A university refuses admission solely because an applicant belongs to a particular racial
group. Which constitutional right is most directly implicated?
A. Privacy
B. Freedom of movement
