HFL1501
ASSIGNMENT 6 (PORTFOLIO)..
DUE DATE: 23 October 2024..
PREVIEW:
QUESTION 1
1.1 Name one South African constitution of which you have learned in this module that embraced an
approach of complete denial of the principle of constitutionalism. (1 mark)
ANSWER:
One South African constitution that adopted an approach of complete denial of the principle of
constitutionalism is the South Africa Act, 1909.
1.2 Provide evidence from the Constitution of the Republic of South Africa, 1996 that supports the
statement that the current South African governmental structure is not based on parliamentary
supremacy.
ANSWER:
Section 44 of the Constitution of the Republic of South Africa, 1996, limits the powers of Parliament by
outlining its legislative authority, which is subject to the provisions of the Constitution. Additionally,
section 172(1)(a) grants courts the power to declare any law or conduct inconsistent with the
Constitution invalid. These provisions demonstrate that South Africa's governmental structure is based
on constitutional supremacy rather than parliamentary supremacy.
(4 marks)
[Total: 5 marks]
Disclaimer:
The materials provided are intended for educational and informational purposes only. They should not be
submitted as original work or used in violation of any academic institution's policies. The buyer is solely
responsible for how the materials are used.
ASSIGNMENT 6 (PORTFOLIO)..
DUE DATE: 23 October 2024..
PREVIEW:
QUESTION 1
1.1 Name one South African constitution of which you have learned in this module that embraced an
approach of complete denial of the principle of constitutionalism. (1 mark)
ANSWER:
One South African constitution that adopted an approach of complete denial of the principle of
constitutionalism is the South Africa Act, 1909.
1.2 Provide evidence from the Constitution of the Republic of South Africa, 1996 that supports the
statement that the current South African governmental structure is not based on parliamentary
supremacy.
ANSWER:
Section 44 of the Constitution of the Republic of South Africa, 1996, limits the powers of Parliament by
outlining its legislative authority, which is subject to the provisions of the Constitution. Additionally,
section 172(1)(a) grants courts the power to declare any law or conduct inconsistent with the
Constitution invalid. These provisions demonstrate that South Africa's governmental structure is based
on constitutional supremacy rather than parliamentary supremacy.
(4 marks)
[Total: 5 marks]
Disclaimer:
The materials provided are intended for educational and informational purposes only. They should not be
submitted as original work or used in violation of any academic institution's policies. The buyer is solely
responsible for how the materials are used.
