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Fur2602 FUNDAMENTAL RIGHTS assign 2 semester 2 2024

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FUR 2601 –FUNDAMENTAL RIGHTS SECOND SEMESTER (2024 S 2) ASSIGNMENT 2 Please answer all questions b) Please only submit typed document c) Please ensure that your submission is well referenced. Question 1 Describe the role of and how extensively the Constitutional Court used international law as well as foreign law in the interpretation of the rights in the Bill of Rights. (10 marks) To answer this question, we need to break it down into several key components: 1. **Role of the Constitutional Court**: The Constitutional Court in many countries plays a crucial role in interpreting and upholding the constitution, including the Bill of Rights. Its primary function is to ensure that laws and actions by the government comply with the constitution, especially regarding fundamental rights and freedoms. 2. **Use of International Law**: The Constitutional Court may refer to international law, such as treaties, conventions, and customary international law, to interpret the rights enshrined in the Bill of Rights. International law can provide guidance on human rights standards and principles that can influence the court's decisions. 3. **Use of Foreign Law**: Similarly, the Constitutional Court may conside….

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FUNDAMENTAL
RIGHTS( FUR2601)
SECOND SEMESTER ASSIGNMENT 2 2024
This assignment adheres to academic standards to ensure a distinction! All
questions are well answered , 100% pass guaranteed, accurate answers




Question 1 to 5

, FUR 2601 –FUNDAMENTAL RIGHTS

SECOND SEMESTER (2024 S 2)

ASSIGNMENT 2



Assignment Rules a)

Please answer all questions b) Please only submit typed document c) Please
ensure that your submission is well referenced.



Question 1



Describe the role of and how extensively the Constitutional Court used
international law as well as foreign law in the interpretation of the rights in the Bill
of Rights.

(10 marks)



To answer this question, we need to break it down into several key components:

1. **Role of the Constitutional Court**: The Constitutional Court in many countries plays
a crucial role in interpreting and upholding the constitution, including the Bill of Rights.
Its primary function is to ensure that laws and actions by the government comply with
the constitution, especially regarding fundamental rights and freedoms.

2. **Use of International Law**: The Constitutional Court may refer to international law,
such as treaties, conventions, and customary international law, to interpret the rights
enshrined in the Bill of Rights. International law can provide guidance on human rights
standards and principles that can influence the court's decisions.

3. **Use of Foreign Law**: Similarly, the Constitutional Court may consider foreign law,
especially decisions from other jurisdictions with similar legal systems or constitutional
frameworks, to interpret the rights in the Bill of Rights. Comparing how other countries
have addressed similar issues can provide valuable insights for the court.

4. **Extent of Use**: The question asks about how extensively the Constitutional Court
uses international law and foreign law in interpreting the rights in the Bill of Rights. This

Connected book
 image
Iain Currie, Johan De Waal The Bill of Rights Handbook
Publisher: 2013 ISBN: 9781485101178 Edition: Unknown

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