LJU4802 Assignment 2 Quiz Memo - Semester 1, 2025
Based on Likely Themes | Distinction Guaranteed | Due: 17 April 2025
Q: Which of the following is *not* a requirement for a court to grant standing under section
38 of the Constitution?
A. The applicant must have a direct interest in the matter
B. The applicant must show infringement of a constitutional right
**C. The applicant must be a legal professional**
D. The applicant must act in the public interest
Correct Answer: C. The applicant must be a legal professional
Explanation: Section 38 allows a broad category of persons to bring a case, including those acting
in the public interest. Being a legal professional is not a requirement.
Q: What is the legal effect of applying the Bill of Rights *indirectly* rather than directly?
A. The legislation is struck down immediately
**B. Courts must develop common law to promote constitutional values**
C. The court applies international law directly
D. There is no remedy available
Correct Answer: B. Courts must develop common law to promote constitutional values
Explanation: Indirect application means adjusting common law or statutes to align with the Bill of
Rights without declaring them invalid.
Q: True or False: The principle of separation of powers prohibits courts from reviewing
executive decisions.
** Correct Answer: False**
Explanation: While courts respect the separation of powers, they are mandated to review executive
Based on Likely Themes | Distinction Guaranteed | Due: 17 April 2025
Q: Which of the following is *not* a requirement for a court to grant standing under section
38 of the Constitution?
A. The applicant must have a direct interest in the matter
B. The applicant must show infringement of a constitutional right
**C. The applicant must be a legal professional**
D. The applicant must act in the public interest
Correct Answer: C. The applicant must be a legal professional
Explanation: Section 38 allows a broad category of persons to bring a case, including those acting
in the public interest. Being a legal professional is not a requirement.
Q: What is the legal effect of applying the Bill of Rights *indirectly* rather than directly?
A. The legislation is struck down immediately
**B. Courts must develop common law to promote constitutional values**
C. The court applies international law directly
D. There is no remedy available
Correct Answer: B. Courts must develop common law to promote constitutional values
Explanation: Indirect application means adjusting common law or statutes to align with the Bill of
Rights without declaring them invalid.
Q: True or False: The principle of separation of powers prohibits courts from reviewing
executive decisions.
** Correct Answer: False**
Explanation: While courts respect the separation of powers, they are mandated to review executive
