HFL1501
ASSESSMENT 2
SEMESTER 2 – 2022
, QUESTION 1:
Learning unit 1
Describe transformative constitutionalism in your own words. Your description
should refer to the two most essential aspects of this concept. (2)
This concept connotes the process of amending those legal rules that are none-
conformity with the spirit, objects and aims of the Constitution. In other words, it is a
process that seeks to provides for socio-economic equality in South Africa. According
to Klare, this equality can be achieved by transforming the “political and social
institutions and power relationships in a democratic, participatory and egalitarian
direction”,1 society can also be transformed by creating change “through nonviolent
political processes grounded in law”.2
QUESTION 2: Learning unit 2
2.1 With specific reference to the objects of each of these rights, briefly explain
the difference between real rights and personal rights?
(2)
A real right is a right in respect of a thing, and a personal right is a right to claim
performance from someone. Real rights are enforced by real actions, whereas
personal rights are enforced by means of personal actions. A real right can be enforced
against any person who infringes on a person’s right to a thing, whereas a personal
right can only be enforced against a specific person.
2.2 Indicate whether each of the following statements are TRUE or FALSE, by
writing down only “True” or “False” as your answer in each instance:
(a) “Ownership” and “possession” are synonyms (meaning they refer to the
same concept) in the field of property law. (1)
False
1
Klare K “Legal culture and transformative constitutionalism” 1998 SAJHR 150.
2
Klare 1998 SAJHR 150.
ASSESSMENT 2
SEMESTER 2 – 2022
, QUESTION 1:
Learning unit 1
Describe transformative constitutionalism in your own words. Your description
should refer to the two most essential aspects of this concept. (2)
This concept connotes the process of amending those legal rules that are none-
conformity with the spirit, objects and aims of the Constitution. In other words, it is a
process that seeks to provides for socio-economic equality in South Africa. According
to Klare, this equality can be achieved by transforming the “political and social
institutions and power relationships in a democratic, participatory and egalitarian
direction”,1 society can also be transformed by creating change “through nonviolent
political processes grounded in law”.2
QUESTION 2: Learning unit 2
2.1 With specific reference to the objects of each of these rights, briefly explain
the difference between real rights and personal rights?
(2)
A real right is a right in respect of a thing, and a personal right is a right to claim
performance from someone. Real rights are enforced by real actions, whereas
personal rights are enforced by means of personal actions. A real right can be enforced
against any person who infringes on a person’s right to a thing, whereas a personal
right can only be enforced against a specific person.
2.2 Indicate whether each of the following statements are TRUE or FALSE, by
writing down only “True” or “False” as your answer in each instance:
(a) “Ownership” and “possession” are synonyms (meaning they refer to the
same concept) in the field of property law. (1)
False
1
Klare K “Legal culture and transformative constitutionalism” 1998 SAJHR 150.
2
Klare 1998 SAJHR 150.
