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CSL2601 Constitutional Law - Self-Assessment Study Guide
Section A: Foundational Concepts & Sources of Law
1. What is the supreme law of the Republic of South Africa?
a) The Common Law
b) The Constitution of the Republic of South Africa, 1996
c) The African Charter on Human and Peoples' Rights
d) The Promotion of Administrative Justice Act
b) The Constitution of the Republic of South Africa, 1996
Explanation: Section 2 of the Constitution (the Supremacy Clause) explicitly states this.
2. The foundational value of "human dignity" is enshrined in which section of the
Constitution?
a) Section 1(a)
b) Section 7(1)
c) Section 36(1)
d) Section 39(1)
a) Section 1(a)
Explanation: Human dignity is the first of the founding values listed in section 1 of the
Constitution.
3. Which case established the doctrine of constitutional supremacy in post-apartheid South
Africa?
a) S v Makwanyane
b) Pharmaceutical Manufacturers Association of SA: In re Ex Parte President of the Republic of
South Africa
c) Carmichele v Minister of Safety and Security
d) Fedsure Life Assurance Ltd v Greater Johannesburg Transitional Metropolitan Council
b) Pharmaceutical Manufacturers Association of SA: In re Ex Parte President of the
Republic of South Africa
Explanation: This case explicitly held that the Constitution is the supreme law, and all law and
conduct must be consistent with it.
, 4. The Bill of Rights binds which of the following?
a) Only the legislature and executive.
b) Only natural persons.
c) The legislature, executive, judiciary, and all organs of state.
d) Only the national government.
c) The legislature, executive, judiciary, and all organs of state.
Explanation: Section 8(1) of the Constitution states that the Bill of Rights applies to all law and
binds all organs of state.
5. What is the primary purpose of the "spirit, purport and objects of the Bill of Rights" as
mentioned in section 39(2)?
a) To guide international law interpretation.
b) To guide the development of the common law and customary law.
c) To limit the application of legislation.
d) To define the powers of the President.
b) To guide the development of the common law and customary law.
Explanation: Section 39(2) obligates courts, tribunals, and forums to promote the spirit, purport,
and objects of the Bill of Rights when developing these areas of law.
Section B: The Bill of Rights & Limitation of Rights (Sections 7-39)
6. Which section of the Constitution contains the general limitation clause?
a) Section 7
b) Section 8
c) Section 36
d) Section 37
c) Section 36
Explanation: Section 36 is the general limitation clause, setting out the requirements for
justifiable limitations of rights.
7. In the two-stage inquiry for Bill of Rights application, what is the first question?
a) Is the right limited?
b) Does the Bill of Rights apply?
c) Is the limitation justified under section 36?
d) What is the appropriate remedy?
b) Does the Bill of Rights apply?
Explanation: The first stage is to determine if the Bill of Rights is applicable (e.g., is there state
action, does the right bind a private party via horizontal application?).
8. Horizontal application of the Bill of Rights refers to its application between:
a) The state and an organ of state.