Assignment 2
CSL2601 Assignment 2 Semester 1
2023
Question 1.1
By way of examples and references to the appropriate Constitutional Law authorities, briefly
explain the different forms of democracy. (16)
There are five forms (or conceptions) of democracy recognized in the Constitution, namely
representative democracy, participatory democracy, direct democracy, constitutional democracy,
and controlled democracy.
Regarding representative democracy, the basic idea is that the people should participate in politics
through their duly appointed elected representatives. Representative democracy is characterized by
the citizens of a state electing the representatives of their choice and these representatives
expressing the will of the people, or simply representative democracy requires that all residents of
the state, for example all those above a certain age , say 18, and who are not otherwise disqualified,
must have a say in how the state is governed through direct representation, usually through
representation in the legislature. A representative democracy
is created through elections. These elections should be held at regular intervals and with a
reasonable frequency, i.e. always due to the right to vote and the division of the constituencies. The
main constitutional provisions on democracy are:
political rights in the Bill of Rights, as mentioned in Section 19 of the Constitution of
Provisions on the electoral system and the mandates of the deputies
Provisions related to political parties.
Furthermore, participatory democracy means that individuals or institutions must have the
opportunity to participate in decisions that affect them. The constitution and regulations of the
various legislatures provide ample opportunities to participate in the legislative process: interested
parties are invited to comment on government discussion papers and to make presentations.
Participation in the executive branch is less favourable. Administrative action requires that a person
be heard before a decision is made. Notwithstanding, it is not necessary for the manager to hear the
data subject before making the decision. The situation is addressed in part in Section 4 of the
Promotion of Administrative Justice Act 3 of 2000, which requires that a public inquiry be conducted
or procedures for notice and comment be employed before legislation is passed that materially and
adversely affects the rights of the public .
For direct democracy, direct democracy means that all important political decisions are made by the
people themselves. This form of democracy can function in a very small political community where
people can meet regularly to discuss and decide matters of common concern. However, direct
democracy is hardly an option in the modern state, which is often too populous to allow regular
direct participation of all citizens in the affairs of the nation. Direct democracy is important for
individuals or groups whose interests are neglected by political parties. Article 17 of the Constitution
deals with the right to assemble, demonstrate, and picket and petition. This right enables individuals
to communicate directly with authorities and the public in a meaningful way.
Another form of democracy is constitutional democracy. This means that the , the representatives of
the people in the courts, in the state parliaments and in the local councils are not free to make the
CSL2601 Assignment 2 Semester 1
2023
Question 1.1
By way of examples and references to the appropriate Constitutional Law authorities, briefly
explain the different forms of democracy. (16)
There are five forms (or conceptions) of democracy recognized in the Constitution, namely
representative democracy, participatory democracy, direct democracy, constitutional democracy,
and controlled democracy.
Regarding representative democracy, the basic idea is that the people should participate in politics
through their duly appointed elected representatives. Representative democracy is characterized by
the citizens of a state electing the representatives of their choice and these representatives
expressing the will of the people, or simply representative democracy requires that all residents of
the state, for example all those above a certain age , say 18, and who are not otherwise disqualified,
must have a say in how the state is governed through direct representation, usually through
representation in the legislature. A representative democracy
is created through elections. These elections should be held at regular intervals and with a
reasonable frequency, i.e. always due to the right to vote and the division of the constituencies. The
main constitutional provisions on democracy are:
political rights in the Bill of Rights, as mentioned in Section 19 of the Constitution of
Provisions on the electoral system and the mandates of the deputies
Provisions related to political parties.
Furthermore, participatory democracy means that individuals or institutions must have the
opportunity to participate in decisions that affect them. The constitution and regulations of the
various legislatures provide ample opportunities to participate in the legislative process: interested
parties are invited to comment on government discussion papers and to make presentations.
Participation in the executive branch is less favourable. Administrative action requires that a person
be heard before a decision is made. Notwithstanding, it is not necessary for the manager to hear the
data subject before making the decision. The situation is addressed in part in Section 4 of the
Promotion of Administrative Justice Act 3 of 2000, which requires that a public inquiry be conducted
or procedures for notice and comment be employed before legislation is passed that materially and
adversely affects the rights of the public .
For direct democracy, direct democracy means that all important political decisions are made by the
people themselves. This form of democracy can function in a very small political community where
people can meet regularly to discuss and decide matters of common concern. However, direct
democracy is hardly an option in the modern state, which is often too populous to allow regular
direct participation of all citizens in the affairs of the nation. Direct democracy is important for
individuals or groups whose interests are neglected by political parties. Article 17 of the Constitution
deals with the right to assemble, demonstrate, and picket and petition. This right enables individuals
to communicate directly with authorities and the public in a meaningful way.
Another form of democracy is constitutional democracy. This means that the , the representatives of
the people in the courts, in the state parliaments and in the local councils are not free to make the
