CSL2601 Assignment 2 - 5-Star Mastery Quiz
100 Accurate Questions & Answers with Expert
Rationales || 100% Pass Guarantee <2025/2026
Updated Version>
Theme 1: Constitutional Interpretation & Founding Provisions 🇿🇦
Covers: Sections 1-3, Methodologies, Values
1. Q: Which section of the Constitution is considered the "foundation"
for interpreting the Bill of Rights?
A: Section 39(1)
Rationale: This section obligates courts to promote the values that underlie
an open and democratic society based on human dignity, equality, and
freedom when interpreting the Bill of Rights.
2. Q: The "spirit, purport, and objects" of the Bill of Rights must be
promoted during interpretation. This principle is found in:
A: Section 39(2)
Rationale: Section 39(2) specifically directs that when interpreting any
legislation, and when developing the common law or customary law, every
court, tribunal, or forum must promote the spirit, purport, and objects of the
Bill of Rights.
3. Q: 🇿🇦 What are the founding values of the South African democratic
state as per Section 1? (Name three)
A: Human dignity, non-racialism, non-sexism, supremacy of the
constitution, universal adult suffrage, etc.
Rationale: Section 1 is the cornerstone of the entire Constitution. It
establishes the foundational principles upon which the Republic is built, and
any amendment to it requires a supermajority (75%).
,4. Q: The interpretive approach that looks at the ordinary,
grammatical meaning of the text is known as:
A: Textualism or Literalism
Rationale: While the Constitutional Court has moved away from a strict
textualist approach, understanding it is key to appreciating the evolution
towards a purposive approach.
5. Q: The "purposive" approach to constitutional interpretation
focuses primarily on:
A: The purpose and underlying values of the constitutional provision.
Rationale: As established in cases like S v Makwanyane, the purposive
approach seeks to give effect to the broader purpose and values of the
Constitution, not just the literal text.
6. Q: Which founding value in Section 1 ensures that every adult
citizen has the right to vote?
A: Universal adult suffrage, a multi-party system of democratic
government, and regular elections.
Rationale: This value is fundamental to our democracy, ensuring political
equality and the right of citizens to choose their representatives.
7. Q: What is the significance of Section 2, the "Supremacy Clause"?
A: It establishes that the Constitution is the supreme law of the
Republic, and any law or conduct inconsistent with it is invalid.
Rationale: This is the basis for constitutional review and judicial authority
to invalidate laws and actions that violate the Constitution.
8. Q: The value of "human dignity" is central to the Constitution. It is
explicitly listed in:
A: Both Section 1 and Section 10 of the Bill of Rights.
Rationale: Its placement in both the founding provisions and the Bill of
Rights highlights its paramount importance in the South African
constitutional order.
9. Q: According to Section 3, citizenship is:
A: One of the foundational values, and national legislation must provide
, for the acquisition, loss, and restoration of citizenship.
Rationale: This section emphasizes that all citizens are equally entitled to
the rights, privileges, and benefits of citizenship.
10.Q: In the case of Government of the Republic of South Africa v
Grootboom, the Court used which interpretive approach to give meaning
to the right to housing?
A: A purposive and contextual approach.
Rationale: The Court interpreted Section 26 (housing) in a manner that gave
effect to its purpose, considering the context of those in desperate need, and
outlined the state's obligations to take reasonable legislative and other
measures.
Theme 2: The Bill of Rights - General Provisions & Application
Covers: Sections 7-9, 36, 38, Horizontal Application
11.Q: Section 7(1) describes the Bill of Rights as a...?
A: A cornerstone of democracy in South Africa.
Rationale: This signifies that the Bill of Rights is not just another part of the
Constitution but is fundamental to the entire democratic project.
12.Q: What are the three duties the state has in relation to the Bill of
Rights according to Section 7(2)?
A: To respect, protect, promote, and fulfil the rights in the Bill of Rights.
Rationale: This creates a positive obligation on the state, going beyond
merely not interfering (respect) to actively taking steps to realize rights
(protect, promote, fulfil).
13.Q: ↔️ The concept that the Bill of Rights can apply to disputes between
private parties is called:
A: Horizontal application.
Rationale: This is distinct from vertical application (state vs. individual).
Section 8(2) provides for the horizontal application of a right to natural and
juristic persons, taking into account the nature of the right and the duty
imposed.
100 Accurate Questions & Answers with Expert
Rationales || 100% Pass Guarantee <2025/2026
Updated Version>
Theme 1: Constitutional Interpretation & Founding Provisions 🇿🇦
Covers: Sections 1-3, Methodologies, Values
1. Q: Which section of the Constitution is considered the "foundation"
for interpreting the Bill of Rights?
A: Section 39(1)
Rationale: This section obligates courts to promote the values that underlie
an open and democratic society based on human dignity, equality, and
freedom when interpreting the Bill of Rights.
2. Q: The "spirit, purport, and objects" of the Bill of Rights must be
promoted during interpretation. This principle is found in:
A: Section 39(2)
Rationale: Section 39(2) specifically directs that when interpreting any
legislation, and when developing the common law or customary law, every
court, tribunal, or forum must promote the spirit, purport, and objects of the
Bill of Rights.
3. Q: 🇿🇦 What are the founding values of the South African democratic
state as per Section 1? (Name three)
A: Human dignity, non-racialism, non-sexism, supremacy of the
constitution, universal adult suffrage, etc.
Rationale: Section 1 is the cornerstone of the entire Constitution. It
establishes the foundational principles upon which the Republic is built, and
any amendment to it requires a supermajority (75%).
,4. Q: The interpretive approach that looks at the ordinary,
grammatical meaning of the text is known as:
A: Textualism or Literalism
Rationale: While the Constitutional Court has moved away from a strict
textualist approach, understanding it is key to appreciating the evolution
towards a purposive approach.
5. Q: The "purposive" approach to constitutional interpretation
focuses primarily on:
A: The purpose and underlying values of the constitutional provision.
Rationale: As established in cases like S v Makwanyane, the purposive
approach seeks to give effect to the broader purpose and values of the
Constitution, not just the literal text.
6. Q: Which founding value in Section 1 ensures that every adult
citizen has the right to vote?
A: Universal adult suffrage, a multi-party system of democratic
government, and regular elections.
Rationale: This value is fundamental to our democracy, ensuring political
equality and the right of citizens to choose their representatives.
7. Q: What is the significance of Section 2, the "Supremacy Clause"?
A: It establishes that the Constitution is the supreme law of the
Republic, and any law or conduct inconsistent with it is invalid.
Rationale: This is the basis for constitutional review and judicial authority
to invalidate laws and actions that violate the Constitution.
8. Q: The value of "human dignity" is central to the Constitution. It is
explicitly listed in:
A: Both Section 1 and Section 10 of the Bill of Rights.
Rationale: Its placement in both the founding provisions and the Bill of
Rights highlights its paramount importance in the South African
constitutional order.
9. Q: According to Section 3, citizenship is:
A: One of the foundational values, and national legislation must provide
, for the acquisition, loss, and restoration of citizenship.
Rationale: This section emphasizes that all citizens are equally entitled to
the rights, privileges, and benefits of citizenship.
10.Q: In the case of Government of the Republic of South Africa v
Grootboom, the Court used which interpretive approach to give meaning
to the right to housing?
A: A purposive and contextual approach.
Rationale: The Court interpreted Section 26 (housing) in a manner that gave
effect to its purpose, considering the context of those in desperate need, and
outlined the state's obligations to take reasonable legislative and other
measures.
Theme 2: The Bill of Rights - General Provisions & Application
Covers: Sections 7-9, 36, 38, Horizontal Application
11.Q: Section 7(1) describes the Bill of Rights as a...?
A: A cornerstone of democracy in South Africa.
Rationale: This signifies that the Bill of Rights is not just another part of the
Constitution but is fundamental to the entire democratic project.
12.Q: What are the three duties the state has in relation to the Bill of
Rights according to Section 7(2)?
A: To respect, protect, promote, and fulfil the rights in the Bill of Rights.
Rationale: This creates a positive obligation on the state, going beyond
merely not interfering (respect) to actively taking steps to realize rights
(protect, promote, fulfil).
13.Q: ↔️ The concept that the Bill of Rights can apply to disputes between
private parties is called:
A: Horizontal application.
Rationale: This is distinct from vertical application (state vs. individual).
Section 8(2) provides for the horizontal application of a right to natural and
juristic persons, taking into account the nature of the right and the duty
imposed.
