CIV3701 EXAM PACK STUDY GUIDE 2025/2026 ACCURATE
QUESTIONS BANK AND CORRECT DETAILED ANSWERS
WITH RATIONALES || 100% GUARANTEED PASS
<UPDATED VERSION>
CIV3701 EXAM PACK STUDY GUIDE 2025/2026
Disclaimer: This guide is a study aid compiled from core principles and frequent exam topics. It
is essential to consult your official course materials, prescribed textbooks, and recent case law
for the most accurate and up-to-date information.
PART 1: GENERAL PRINCIPLES, THE BILL OF RIGHTS, AND LIMITATION OF RIGHTS
1. What is the foundational value of the South African constitutional order, as stated in
Section 1 of the Constitution?
A) The rule of law
B) Human dignity, the achievement of equality, and the advancement of human rights and
freedoms
C) Supremacy of the Constitution
D) Universal adult suffrage
, Correct Answer: B Human dignity, the achievement of equality, and the advancement of
human rights and freedoms.
Rationale: Section 1(a) of the Constitution identifies these as the foundational values. While A,
C, and D are also values in Section 1, they are not the primary, overarching foundational values
listed in (a).
2. The case of Pharmaceutical Manufacturers of SA: In re Ex Parte President of the
RSA emphasized that the Constitution is:
A) Similar to any other statute.
B) Subject to parliamentary override.
C) The supreme law, and all law derives its force from it.
D) Primarily a political document.
Correct Answer: C The supreme law, and all law derives its force from it.
Rationale: This landmark case established that the Constitution is not merely a formal
document, but the substantive supreme law against which all other law and conduct must be
tested.
3. Which section of the Constitution contains the limitation clause?
A) Section 8
B) Section 36
C) Section 39
D) Section 172
, Correct Answer: B Section 36.
Rationale: Section 36 is the general limitation clause, which provides the framework for
determining when a right in the Bill of Rights may be justifiably limited.
4. In terms of Section 36(1), a right in the Bill of Rights may be limited only by a law of general
application, and the limitation must be reasonable and justifiable in an open and democratic
society based on...
A) Human dignity, equality, and freedom.
B) The will of the majority.
C) Historical context.
D) International law only.
Correct Answer: A Human dignity, equality, and freedom.
Rationale: This is the direct wording of Section 36(1). It sets the standard for the society in
which the reasonableness and justifiability of a limitation are assessed.
5. The "two-stage approach" to adjudicating Bill of Rights issues involves:
A) First, determining if a right has been infringed, and second, applying the limitation clause.
B) First, applying the limitation clause, and second, determining if a right has been infringed.
C) First, seeking a remedy, and second, proving infringement.
D) First, interpreting legislation, and second, applying common law.
Correct Answer: A First, determining if a right has been infringed, and second, applying the
limitation clause.
Rationale: This is the standard methodological approach. The court must first establish a prima
QUESTIONS BANK AND CORRECT DETAILED ANSWERS
WITH RATIONALES || 100% GUARANTEED PASS
<UPDATED VERSION>
CIV3701 EXAM PACK STUDY GUIDE 2025/2026
Disclaimer: This guide is a study aid compiled from core principles and frequent exam topics. It
is essential to consult your official course materials, prescribed textbooks, and recent case law
for the most accurate and up-to-date information.
PART 1: GENERAL PRINCIPLES, THE BILL OF RIGHTS, AND LIMITATION OF RIGHTS
1. What is the foundational value of the South African constitutional order, as stated in
Section 1 of the Constitution?
A) The rule of law
B) Human dignity, the achievement of equality, and the advancement of human rights and
freedoms
C) Supremacy of the Constitution
D) Universal adult suffrage
, Correct Answer: B Human dignity, the achievement of equality, and the advancement of
human rights and freedoms.
Rationale: Section 1(a) of the Constitution identifies these as the foundational values. While A,
C, and D are also values in Section 1, they are not the primary, overarching foundational values
listed in (a).
2. The case of Pharmaceutical Manufacturers of SA: In re Ex Parte President of the
RSA emphasized that the Constitution is:
A) Similar to any other statute.
B) Subject to parliamentary override.
C) The supreme law, and all law derives its force from it.
D) Primarily a political document.
Correct Answer: C The supreme law, and all law derives its force from it.
Rationale: This landmark case established that the Constitution is not merely a formal
document, but the substantive supreme law against which all other law and conduct must be
tested.
3. Which section of the Constitution contains the limitation clause?
A) Section 8
B) Section 36
C) Section 39
D) Section 172
, Correct Answer: B Section 36.
Rationale: Section 36 is the general limitation clause, which provides the framework for
determining when a right in the Bill of Rights may be justifiably limited.
4. In terms of Section 36(1), a right in the Bill of Rights may be limited only by a law of general
application, and the limitation must be reasonable and justifiable in an open and democratic
society based on...
A) Human dignity, equality, and freedom.
B) The will of the majority.
C) Historical context.
D) International law only.
Correct Answer: A Human dignity, equality, and freedom.
Rationale: This is the direct wording of Section 36(1). It sets the standard for the society in
which the reasonableness and justifiability of a limitation are assessed.
5. The "two-stage approach" to adjudicating Bill of Rights issues involves:
A) First, determining if a right has been infringed, and second, applying the limitation clause.
B) First, applying the limitation clause, and second, determining if a right has been infringed.
C) First, seeking a remedy, and second, proving infringement.
D) First, interpreting legislation, and second, applying common law.
Correct Answer: A First, determining if a right has been infringed, and second, applying the
limitation clause.
Rationale: This is the standard methodological approach. The court must first establish a prima
