FUR2601
Assignment 2 Semester 2 2024
Unique Number:
Due Date: 27 September 2024
QUESTION 1 (2 ANSWERS PROVIDED)
In the landmark case of S v Makwanyane, the Constitutional Court of South Africa extensively
utilized both public international law and foreign law to interpret the rights enshrined in the Bill
of Rights. This case, which dealt with the constitutionality of the death penalty, provided a
significant opportunity for the Court to explore the interpretative tools available under the new
democratic dispensation.
Public International Law: Public international law, encompassing international agreements,
customary international law, and judgments of international courts, played a pivotal role. Section
DISCLAIMER
39(1) &of TERMS OF USE
the South African Constitution mandates that courts "shall" consider applicable public
1. Educational Aid: These study notes are designed to serve as educational aids and should not be considered as a
substitute for individual research, critical thinking, or professional guidance. Students are encouraged to
conduct their own extensive research and consult with their instructors or academic advisors for specific
assignment requirements.
2. Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of the
information provided in these study notes, the seller cannot guarantee the completeness or correctness of all
the content. It is the responsibility of the buyer to verify the accuracy of the information and use their own
judgment when applying it to their assignments.
3. Academic Integrity: It is crucial for students to uphold academic integrity and adhere to their institution's
policies and guidelines regarding plagiarism, citation, and referencing. These study notes should be used as a
tool for learning and inspiration, but any direct reproduction of the content without proper acknowledgment and
citation may constitute academic misconduct.
4. Limited Liability: The seller of these study notes shall not be held liable for any direct or indirect damages,
losses, or consequences arising from the use of the notes. This includes, but is not limited to, poor grades,
academic penalties, or any other negative outcomes resulting from the application or misuse of the information
provided.
]
Assignment 2 Semester 2 2024
Unique Number:
Due Date: 27 September 2024
QUESTION 1 (2 ANSWERS PROVIDED)
In the landmark case of S v Makwanyane, the Constitutional Court of South Africa extensively
utilized both public international law and foreign law to interpret the rights enshrined in the Bill
of Rights. This case, which dealt with the constitutionality of the death penalty, provided a
significant opportunity for the Court to explore the interpretative tools available under the new
democratic dispensation.
Public International Law: Public international law, encompassing international agreements,
customary international law, and judgments of international courts, played a pivotal role. Section
DISCLAIMER
39(1) &of TERMS OF USE
the South African Constitution mandates that courts "shall" consider applicable public
1. Educational Aid: These study notes are designed to serve as educational aids and should not be considered as a
substitute for individual research, critical thinking, or professional guidance. Students are encouraged to
conduct their own extensive research and consult with their instructors or academic advisors for specific
assignment requirements.
2. Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of the
information provided in these study notes, the seller cannot guarantee the completeness or correctness of all
the content. It is the responsibility of the buyer to verify the accuracy of the information and use their own
judgment when applying it to their assignments.
3. Academic Integrity: It is crucial for students to uphold academic integrity and adhere to their institution's
policies and guidelines regarding plagiarism, citation, and referencing. These study notes should be used as a
tool for learning and inspiration, but any direct reproduction of the content without proper acknowledgment and
citation may constitute academic misconduct.
4. Limited Liability: The seller of these study notes shall not be held liable for any direct or indirect damages,
losses, or consequences arising from the use of the notes. This includes, but is not limited to, poor grades,
academic penalties, or any other negative outcomes resulting from the application or misuse of the information
provided.
]
