BASIC CONCEPTS OF
CONSTITUTIONAL LAW
, OUTCOMES
After engaging with the materials and activities in this study unit you should be able to:
• Define, describe, discuss and evaluate the origin, forms, application of as well as concerns and problematic aspects regard
the following concepts in South African Constitutional Law:
• Constitutionalism;
• Separation of powers;
• Rule of law; and
• Democracy;
• Determine information deficiencies and find, access, read and apply sources of law relating to the topics above;
• Integrate the acquired information and present solutions by using applicable terminology, doctrines, underlying and estab
theories and principles, related concepts, processes, procedures and techniques in Constitutional Law;
• Apply the acquired knowledge and skills knowledge to case studies and real world scenarios (well-defined but unfamiliar
problems in familiar contexts);
• Communicate and present solutions to professional and lay audiences, individually or in groups, by making use of applicab
multimedia equipment, acceptable formats based on specific conventions illustrating the ability of an awareness of cogna
fields; and
• Participate in a coherent academic-professional discourse on the topics.
, CONSTITUTIONALISM
• Deals with mechanisms of governing in the best interest of soc
by limiting state power by a written Constitution.
• It describes a society in which elected politicians, judicial offic
and government officials must all act in accordance with the law.
• Legitimacy and power is derived from the Constitution.
• Within the South African context, constitutionalism entails t
state power be structured and limited.
• This prevents overwhelming power and also promotes
protection of rights.
• It gives enough power to govern
, CONSTITUTIONALISM- CHARACTERISTICS O
CONSTUTIONALISM
• First, constitutionalism is concerned with the formal and le
distribution of power within a given political community in whic
government is ordinarily established in terms of a writ
constitution.
• Second, constitutionalism provides for the establishment
institutions of government, such as the executive, legislature
the judiciary.
• Third, constitutionalism brings about the creation of binding rule
laws for the regulation of the political community, institutions
government and the governed.
CONSTITUTIONAL LAW
, OUTCOMES
After engaging with the materials and activities in this study unit you should be able to:
• Define, describe, discuss and evaluate the origin, forms, application of as well as concerns and problematic aspects regard
the following concepts in South African Constitutional Law:
• Constitutionalism;
• Separation of powers;
• Rule of law; and
• Democracy;
• Determine information deficiencies and find, access, read and apply sources of law relating to the topics above;
• Integrate the acquired information and present solutions by using applicable terminology, doctrines, underlying and estab
theories and principles, related concepts, processes, procedures and techniques in Constitutional Law;
• Apply the acquired knowledge and skills knowledge to case studies and real world scenarios (well-defined but unfamiliar
problems in familiar contexts);
• Communicate and present solutions to professional and lay audiences, individually or in groups, by making use of applicab
multimedia equipment, acceptable formats based on specific conventions illustrating the ability of an awareness of cogna
fields; and
• Participate in a coherent academic-professional discourse on the topics.
, CONSTITUTIONALISM
• Deals with mechanisms of governing in the best interest of soc
by limiting state power by a written Constitution.
• It describes a society in which elected politicians, judicial offic
and government officials must all act in accordance with the law.
• Legitimacy and power is derived from the Constitution.
• Within the South African context, constitutionalism entails t
state power be structured and limited.
• This prevents overwhelming power and also promotes
protection of rights.
• It gives enough power to govern
, CONSTITUTIONALISM- CHARACTERISTICS O
CONSTUTIONALISM
• First, constitutionalism is concerned with the formal and le
distribution of power within a given political community in whic
government is ordinarily established in terms of a writ
constitution.
• Second, constitutionalism provides for the establishment
institutions of government, such as the executive, legislature
the judiciary.
• Third, constitutionalism brings about the creation of binding rule
laws for the regulation of the political community, institutions
government and the governed.
