,PVL1501 Assignment 1 QUIZ(COMPLETE ANSWERS)
Semester 1 2025 - DUE 27 March 2:00PM 2025; 100%
correct solutions and explanations
1.The statements below deal with transformative
constitutionalism. Choose the only incorrect statement:
A .One of the ways in which transformation of the legal
culture can be achieved is through transformation of legal
education.
b. The Constitution should not only be used in a formalistic
manner, but also in a transformative manner.
C .Under a transformative Constitution, legal rules can be
analysed and interpreted in a formal, technical manner.
d. The objective of transformative constitutionalism is to
achieve a society based on true equality.
The incorrect statement is:
C. Under a transformative Constitution, legal rules can be
analysed and interpreted in a formal, technical manner.
Explanation:
Transformative constitutionalism emphasizes that the
Constitution should be used to actively shape and change
society to achieve justice, equality, and human dignity.
, This approach contrasts with a purely formalistic or
technical interpretation of the law.
Under a transformative Constitution, legal rules are not
just analyzed and interpreted in a purely formal or
technical manner. Instead, there is an emphasis on social
context, justice, and the values enshrined in the
Constitution, with a focus on achieving substantive
equality and correcting historical injustices.
Thus, Statement C is incorrect because it suggests a more
rigid, formal interpretation that goes against the
transformative nature of constitutionalism.
2.n Chisholm v East Rand Proprietary Mines Ltd the court
held that …
a.a mother cannot waive her unborn child’s right to claim
maintenance and that such an arrangement would be contra
bonos mores.
b. ll claims for prenatal injuries have to be based on the
ordinary principles of the law of delict and not on the
nasciturus fiction.
Semester 1 2025 - DUE 27 March 2:00PM 2025; 100%
correct solutions and explanations
1.The statements below deal with transformative
constitutionalism. Choose the only incorrect statement:
A .One of the ways in which transformation of the legal
culture can be achieved is through transformation of legal
education.
b. The Constitution should not only be used in a formalistic
manner, but also in a transformative manner.
C .Under a transformative Constitution, legal rules can be
analysed and interpreted in a formal, technical manner.
d. The objective of transformative constitutionalism is to
achieve a society based on true equality.
The incorrect statement is:
C. Under a transformative Constitution, legal rules can be
analysed and interpreted in a formal, technical manner.
Explanation:
Transformative constitutionalism emphasizes that the
Constitution should be used to actively shape and change
society to achieve justice, equality, and human dignity.
, This approach contrasts with a purely formalistic or
technical interpretation of the law.
Under a transformative Constitution, legal rules are not
just analyzed and interpreted in a purely formal or
technical manner. Instead, there is an emphasis on social
context, justice, and the values enshrined in the
Constitution, with a focus on achieving substantive
equality and correcting historical injustices.
Thus, Statement C is incorrect because it suggests a more
rigid, formal interpretation that goes against the
transformative nature of constitutionalism.
2.n Chisholm v East Rand Proprietary Mines Ltd the court
held that …
a.a mother cannot waive her unborn child’s right to claim
maintenance and that such an arrangement would be contra
bonos mores.
b. ll claims for prenatal injuries have to be based on the
ordinary principles of the law of delict and not on the
nasciturus fiction.
