csl2601_exam_questions.pdfStudy Unit 1 – 3

1 Explain what is meant by constitutional law? (3) Constitutional law is the aggregate (sum total) of binding rules relating to the distribution and exercise of state authority. The rules of constitutional law define the relationship between the organs of state inter se (between themselves), and between the organs of state and individuals 2 Distinguish between public and private law, and state why constitutional law is said to be part of public law (5) Public law is the branch of law which regulates the exercise of state authority in relationships of inequality. Private law, in contrast, governs the relationships between people who are on an equal footing. Constitutional law forms part of public law as it regulates public interest which comes into play in legal relationships of subordination, either between administrative authorities themselves or between administrative authorities and private individuals. 3 “The distinction between private and public law has become blurred in modern times”. Discuss this statement with particular reference to the reasons why this blurring has occurred. (6) The reason why the distinction between public and private law has become blurred is that the modern state has become very involved in private law relationships, such as the relationship between employee and employer. The new constitution expressly provides for relationships between private individuals in the Bill of Rights. It also authorizes parliament to enact legislation to prohibit unfair discrimination by private persons and companies. Finally traditional public functions such as public transport or telecommunications are being privatized and being run by semi-public corporations or private contractors. 4 Discuss the sources of constitutional law. (10) The five sources of constitutional law are:  The constitution, which means the entire body of rules governing the exercise of state authority in a particular state as well as the relationship between the citizens of the state and the organs of the state. May also refer to a written document which contains some or most of the constitutional rules.  Legislation or Statute. It is expressly left to legislator to add the flesh to the basic framework of the constitution.  Common law. English common law played an important role in the history of South African law and must therefore be taken into account. S39(2) of the Constitution requires that the courts develop the common law to bring it in line with the constitutional precept