Constitutional Law B study notes
Constitutional Law B
Overview of the course:
Constitutional Law A and B are linked in principles and tools
Assumptions that certain principles are understood:
1. Constitutionalism
2. Rule of law
3. Constitutional supremacy
4. Parliamentary sovereignty
5. Separation of powers
6. Co-operative government
7. Federal division of powers
1st readings of Currie and De Waal 2013 6th edition
1. Rights and application of Bill of Rights (BoR)
Focus is on the protection of Human Rights (HR)
How and when to apply BoR – within the framework of the Constitution as a whole
Big ass reading list
Look at role of organisations involved in the development of HR
Focus on cases and courts in relation to HR
A – The BoR: Purpose and Structure
1) The Historical and Context of Human Rights
SA 1990’s – end of Apartheid: The political shift manifested itself in the legal system.
1. The Struggle movement and Apartheid Government made a political pact (the Interim Constitution) to bring the country under one political idea of equality.
1. Drafted by the Constitutional Assembly which acted as the Interim Government
2. Guided by the 34 constitutional principles
1. From interim Constitution (the political pact)
2. Principle II - ‘Everyone shall enjoy all universally accepted fundamental rights, freedoms and civil liberties, which shall be provided for and protected by entrenched and justiciable provisions in the Constitution, which shall be drafted after having given due consideration to inter alia the fundamental rights contained in Chapter 3 of this Constitution.’
3. The most significant elements of this revolution:
1. 1) The Interim Constitution brought a franchise, with all associated political and civil rights, that was accorded to all citizens without racial qualification
2. 2) Parliamentary Sovereignty was replaced with Constitutionalism. A Bill of Rights was created to safeguard Human rights and bring an end to abuse by the state. (this is the
Overview of the course:
Constitutional Law A and B are linked in principles and tools
Assumptions that certain principles are understood:
1. Constitutionalism
2. Rule of law
3. Constitutional supremacy
4. Parliamentary sovereignty
5. Separation of powers
6. Co-operative government
7. Federal division of powers
1st readings of Currie and De Waal 2013 6th edition
1. Rights and application of Bill of Rights (BoR)
Focus is on the protection of Human Rights (HR)
How and when to apply BoR – within the framework of the Constitution as a whole
Big ass reading list
Look at role of organisations involved in the development of HR
Focus on cases and courts in relation to HR
A – The BoR: Purpose and Structure
1) The Historical and Context of Human Rights
SA 1990’s – end of Apartheid: The political shift manifested itself in the legal system.
1. The Struggle movement and Apartheid Government made a political pact (the Interim Constitution) to bring the country under one political idea of equality.
1. Drafted by the Constitutional Assembly which acted as the Interim Government
2. Guided by the 34 constitutional principles
1. From interim Constitution (the political pact)
2. Principle II - ‘Everyone shall enjoy all universally accepted fundamental rights, freedoms and civil liberties, which shall be provided for and protected by entrenched and justiciable provisions in the Constitution, which shall be drafted after having given due consideration to inter alia the fundamental rights contained in Chapter 3 of this Constitution.’
3. The most significant elements of this revolution:
1. 1) The Interim Constitution brought a franchise, with all associated political and civil rights, that was accorded to all citizens without racial qualification
2. 2) Parliamentary Sovereignty was replaced with Constitutionalism. A Bill of Rights was created to safeguard Human rights and bring an end to abuse by the state. (this is the