Historical Foundations of South African Law (HFL1501)
Exam (elaborations)
HFL1501 Assignment 6 Semester 2 2024 | Due 23 October 2024
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Course
Historical Foundations of South African Law (HFL1501)
Institution
University Of South Africa (Unisa)
HFL1501 Assignment 6 Semester 2 2024 | Due 23 October 2024. All questions answered. Questions
Answer the following questions based on your understanding of the HFL1501 study
material:
QUESTION 1
1.1 Name one South African constitution of which you have learned in this module that
embraced an a...
Historical Foundations of South African Law (HFL1501)
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Question 1
1.1. Name one South African constitution of which you have learned in this module that
embraced an approach of complete denial of the principle of constitutionalism.
The Constitution of the Zuid-Afrikaansche Republiek embraced an approach of complete denial of
the principle of constitutionalism.
1.2. Provide evidence from the Constitution of the Republic of South Africa, 1996 that supports
the statement that the current South African governmental structure is not based on
parliamentary supremacy.
Evidence from the Constitution of the Republic of South Africa, 1996 that supports the statement
that the current South African governmental structure is not based on parliamentary supremacy
includes the following provisions:
Section 2: It states that the "Constitution is the supreme law of the Republic; law or conduct
inconsistent with it is invalid, and the obligations imposed by it must be fulfilled." This
highlights that all laws, including those enacted by Parliament, are subordinate to the
Constitution.
Section 8: This section emphasizes that the Bill of Rights "applies to all law, and binds the
legislature, the executive, the judiciary and all organs of state." It confirms that Parliament is
not above the Constitution and must follow its principles.
Section 172: It mandates that courts "must declare that any law or conduct that is inconsistent
with the Constitution is invalid." This provision grants the judiciary the authority to review and
strike down laws that conflict with the Constitution, ensuring that Parliament's power is
checked by the courts.
Section 165: This section establishes that judicial authority is vested in the courts, ensuring
their independence and reaffirming the supremacy of the Constitution over parliamentary
decisions.
These sections collectively demonstrate that South Africa operates under constitutional supremacy
rather than parliamentary supremacy.
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