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HFL1501 Assignment 6 (Semester 2) Answers - Due: 25 October 2023
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HFL1501 Assignment 6 (Semester 2) Answers - Due: 25 October 2023
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HFL1501ASSIGNMENT 6 (SEMESTER 2)
DUE DATE: 25 OCTOBER 2023
QUESTION 1
1.1 In your own words, distinguish between the three ways in which the courts may exercise
their testing capacity. (3)
ANSWER:
Proactive Testing: This is when the courts take the initiative to examine whether laws or
government actions comply with the constitution without waiting for someone to bring a specific
legal issue to them.
Reactive Testing: In reactive testing, the courts evaluate the constitutionality of laws or
government actions in response to particular legal cases or disputes brought before them by
concerned parties.
Abstract Testing: Abstract testing involves the courts giving their opinions on whether laws or
government actions would be constitutional in hypothetical situations or when asked for
clarification, even when there's no actual legal dispute.
1.2 Name the case discussed in the Study Guide that illustrated how the formal testing capacity
of the courts was not sufficient to protect the basic underlying principles of an open and free
democracy. (1)
ANSWER:
The case discussed in the Study Guide that showed the formal testing capacity of the courts
couldn't fully safeguard the fundamental principles of an open and free democracy is the "United
Democratic Movement v President of the Republic of South Africa and Others" case.
1.3 During the 1950s, the Constitution of the Union of South Africa of 1910 applied. Indicate
which approach to the principle of constitutionalism was embraced by that Constitution. (1)
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