HFL1501 Assignment 6 PORTFOLIO
(COMPLETE ANSWERS) Semester 2
2024 - DUE 23 October 2024
CONTACT:
, HFL1501 Assignment 6 PORTFOLIO (COMPLETE
ANSWERS) Semester 2 2024 - DUE 23 October 2024
QUESTION 1 1.1 Name one South African constitution of which
you have learned in this module that embraced an approach of
complete denial of the principle of constitutionalism. (1) 1.2
Provide evidence from the Constitution of the Republic of South
Africa, 1996 that supports the statement that the current South
African governmental structure is not based on parliamentary
supremacy. (4) [5] 1.1 South African Constitution that Denied
Constitutionalism
The 1909 South Africa Act completely denied the principle of constitutionalism. It established
the Union of South Africa, giving Parliament virtually unlimited authority with no constitutional
limits on its power. This constitution centralized power and ignored fundamental rights, enabling
racial discrimination and suppressing minority voices.
1.2 Evidence from the 1996 Constitution Demonstrating the Shift from
Parliamentary Supremacy
The Constitution of the Republic of South Africa, 1996 establishes the principle of
constitutional supremacy in the following ways:
Section 1(c): It declares that South Africa is founded on the supremacy of the
Constitution and the rule of law.
Section 2: It states, "This Constitution is the supreme law of the Republic; law or conduct
inconsistent with it is invalid." This ensures that even Parliament is subject to the
Constitution.
Section 8(1): The Bill of Rights applies to all branches of government (executive,
legislature, and judiciary).
Section 165: It guarantees the independence of the judiciary, emphasizing the separation
of powers and ensuring that courts can declare any law or action inconsistent with the
Constitution invalid.
These provisions show that the 1996 Constitution rejects parliamentary supremacy, replacing it
with constitutional supremacy, where all state organs are accountable to the Constitution.
(COMPLETE ANSWERS) Semester 2
2024 - DUE 23 October 2024
CONTACT:
, HFL1501 Assignment 6 PORTFOLIO (COMPLETE
ANSWERS) Semester 2 2024 - DUE 23 October 2024
QUESTION 1 1.1 Name one South African constitution of which
you have learned in this module that embraced an approach of
complete denial of the principle of constitutionalism. (1) 1.2
Provide evidence from the Constitution of the Republic of South
Africa, 1996 that supports the statement that the current South
African governmental structure is not based on parliamentary
supremacy. (4) [5] 1.1 South African Constitution that Denied
Constitutionalism
The 1909 South Africa Act completely denied the principle of constitutionalism. It established
the Union of South Africa, giving Parliament virtually unlimited authority with no constitutional
limits on its power. This constitution centralized power and ignored fundamental rights, enabling
racial discrimination and suppressing minority voices.
1.2 Evidence from the 1996 Constitution Demonstrating the Shift from
Parliamentary Supremacy
The Constitution of the Republic of South Africa, 1996 establishes the principle of
constitutional supremacy in the following ways:
Section 1(c): It declares that South Africa is founded on the supremacy of the
Constitution and the rule of law.
Section 2: It states, "This Constitution is the supreme law of the Republic; law or conduct
inconsistent with it is invalid." This ensures that even Parliament is subject to the
Constitution.
Section 8(1): The Bill of Rights applies to all branches of government (executive,
legislature, and judiciary).
Section 165: It guarantees the independence of the judiciary, emphasizing the separation
of powers and ensuring that courts can declare any law or action inconsistent with the
Constitution invalid.
These provisions show that the 1996 Constitution rejects parliamentary supremacy, replacing it
with constitutional supremacy, where all state organs are accountable to the Constitution.
