HFL1501 Assignment 2 Semester 2 2022

HFL1501
ASSESSMENT 2 SEMESTER 2 – 2022
UNIQUE NO: NA

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


1
Klare K “Legal culture and transformative constitutionalism” 1998 SAJHR 150.
2
Klare 1998 SAJHR 150.