Constitutional Law Flashcards

Flashcards for Constitutional Law

__ viewpoints holds that unlawful encroachment or limitation of powers or functions should be nullified by the Constitution.

Each level/sphere of government should have specified and entrenched powers and functions.

National Government has final say. Therefore, South Africa is a __.

South Africa is a Unitary form of State with federal elements

The three spheres of government are __.

National , Provincial, Local

In the Republic, government is constituted as national, provincial and local spheres of government which are __.

distinctive, interdependent and interrelated

An Act of parliament must establish or provide for __.

Structures and institutions to promote and facilitate intergovernmental relations

The two models for the development of the concept of Cooperative government are __.

The Divided Model and the Integrated Model

Constitution (chapter 3) refers to “ spheres ” and not levels. __ provide for concurrent AND exclusive powers.

schedule 4 & 5

Provincial Interests are represented at the National Level by the __.

National Council of Provinces

Government Authority is divided into different bodies such as ___.

Executive, Legislature, Judiciary

__ – Executive Authority of the Republic

vSection 85

__ – The President

Section 83

National Assembly elects a man or woman among their members. __ presides or must designate another judge to do so.

Chief Justice

When elected President, a person ceases to be a member of the National Assembly. Within __ thereafter must assume office.

5 days

A vacancy of the President occurs by __.

Death; A motion of no confidence; Resignation

The National Assembly by a vote of __ may remove the President on grounds of serious violation of the Constitution or Law.

two thirds majority

Section 89 – Impeachment requires __.

two thirds majority

Section 102(2) – Vote of no confidence requires __.

Simple Majority

Where President is absent or unable to fulfil duties or due to a vacancy, the __ is followed where an office bearer acts as President

Deputy President

__ and it consists of Head of State (President) and advisors.

The Executive Authority at a national level is the Cabinet

Members of Cabinet must __.

Act in accordance with the Constitution

Section 40(1) provides for __ levels of government.

National, Middle/Regional/ Provincial, Local

Section 44 provides Legislative authority for Parliament in the form of __.

National Assembly, National Council of Provinces

It focuses on representation as an element of the Democratic System referring to __.

The Principle of Representation

Section 42(3) can be summarized as functions of the National Assembly as __.

Selection of the President, Forum for public consideration of issues, Pass legislation, Oversee and Control of the Executive

Section 42(4) can be summarized as functions of the National Council of Provinces __.

Represent the provinces in parliament, Ensure provincial interests are taken into account at the national sphere by participating in the national legislative process

Composition of National Legislature of National Assembly is found in and Composition of National Council of Provinces is found in .

Section 46, Section 60

National Assembly replaced __.

Constitutional Assembly

Regarding National Council of Provinces – Composition is found in __.

Section 60

Regarding National Council of Provinces composition, there are __ Delegates each from 9 Provinces

10

Regarding National Council of Provinces composition there are __ provinces.

8

__ is a direct choice meaning It is the right of every citizen of the state to make a direct choice in electing the people that will function in the National Assembly.

Right to franchise

__ has the right to vote subject to a section 36 limitation (Adult = 18 years and older + Citizen).

Every adult citizen in SA

Section 19 – Political Rights is not absolute as S19 disqualifies __.

Minors, Non-citizens

Limitation in terms of section 36 must be Through the __ (Electoral Act of 1998).

law of general application

Elements of the Right to Franchise (Section 38 of the Electoral Act) are __.

General/Universal, Equal, Direct, Secret

__- Requirements for independent candidates have been established.

Electoral Amendment Act 1 of 2023

The Electoral Amendment Act __.

Does not affect the current proportional representation system

Regarding seat allocation there are Compensatory seats that are reserved for __.

Political parties only

Regarding seat allocation there are Regional seats that are divided between __.

Independent and Political Parties

__ to the allocation of Seats in Provincial Legislatures.

The single-tier multimember proportional system continues to apply

Requirements to vote abroad are valid ID and valid passport, and to register, seats are divided according top __ of the Constitution.

Section 46

Two subsystems for The Proportional Representation System are __.

The preferential system & The list system

National Council of Provinces is designated by each provincial legislature on a proportional basis, found in Sections 60 & 61 read with __.

Schedule 3 (Part B)

Regarding National Council of Provinces section 60 provides for 6 Permanent members that are __ [S61(1)].

designated for the term of the provincial legislature

The Two Mandates of Representation are __.

Imperative Mandate and Free Mandate of Representation

Section 62(4) – A person ceases to be a permanent delegate when __.

They cease to be eligible

__ applies in South Africa from 2009 – Present.

Imperative Mandate

Dissolution of the National Assembly before expiry of its term can be found in Section __.

50

The motion of no confidence can be found in Section __.

102

__ types of motion of no Confidence being One for Cabinet and one for the president.

Two

The Power of Parliament is subject to the divisions of __.

The NA, The NCOP

Power of Intervention, Section __ allows intervention when necessary.

44(2)

The Constitution provides that an Act of Parliament must provide for the __.

rules and procedures of all courts

The Functioning involves __.

Parliamentary Sessions and Parliamentary Sittings

The Seat for Parliamentary Sittings is in __.

Cape Town

__ who are not NA members can subject to the rules, speak and attend the Assembly, but may not vote.

President, Cabinet Members and Deputy Ministers

The main instruments used by Parliament to perform its function are __.

Debate, Proposals and Amendments, Questions and Interpellations, Order Papers

Adoption procedures that if not properly followed or wrong procedures used then it is invalid are important for the __.

South African Legislative Process

A body made up of NA Committee (Speaker + Deputy Speaker of NA) and NCOP (Chairperson + Permanent Deputy Chairperson) that classifys all Bills are called __.

Classification/Tagging Committee

Bills amending the Constitution are __ bills.

Section 74

Ordinary Bills that do not affect the Provinces are __ bills.

Section 75

Ordinary Bills that affect the Provinces are __ bills.

Section 76

Section 73 of the Constitution says initiation of Bills is __.

Executive Authority

Absolutely Entrenched protects the __ Constitution against ill-concerned amendments.

Constitution

Section 74(1) – Amending Section 1 of Constitution may occur when there is a supporting vote of __ of Members of NA.

75%

Section 79 –Assent to Bills says the President must either assent and sign or express reservations, but has __.

no veto right

Section 80 – Application of Members of the NA to the Constitutional Court says __ of the members of the NA bring the application.

1/3

Section 75(1) When NA passes a Bill other than a Section 74 or 76 Bill, it must be referred to the NCOP and they __.

must reconsider the Bill

Bills that fall within a functional area listed in or envisaged in Section 76(3)(a) – (f) must be dealt with according to the procedure established in Section 76(1) and (2).

schedule 4 or provides for legislation

Section 40 – Section 40(1) Government that is made up of __ such as the national, provincial and local spheres.

Government consists of distinctive, interdependent and interrelated spheres

Better effective rendering of services can be achieved at the __

Regional/Provincial Level

A negative aspects of Provincial Level is __.

Severe financial burden or responsibility

Legislative authority is the power __.

to enact, amend and repeal rules of law

Section 105(1) – A provincial Legislature consists of men and women elected as members in terms of __.

an electoral system

Regarding Composition of Provincial Legislature, __ provides that A provincial legislature consists of between 30 and 80 members.

Section 105(2)

Revised Formula for Allocation of Seats in Provincial Legislature means __ applies.

the single tier multimember proportional representational system

Demarcation of the Provinces is found in __ of the Constitution.

section 106

The Premier of a province must dissolve the provincial legislature if Resolution to dissolve is adopted by legislature with a majority support and __ have passed since the legislature was elected

3Years

If a provincial legislature with a majority vote of its members, passes a motion of no confidence in the premier, then the Premier and The other members of the executive council must __.

resign

The __ provided for 9 Provinces, and this was retained in Section 103 of the Constitution.

Interim Constitution

If yo are to Change name of a Province you must have Provincial legislature __ to do so with 2/3 majority of members of provincial legislature to support such a resolution in terms of section 104(2).

request parliament

Section 104 – __.

Legislative Authority of Province

A provincial legislature __ legislation concerning any matter outside the authority of that legislature, or in respect of which an Act of Parliament prevails over a provincial law.

may recommend to the National Assembly

The legislative authority of provinces is __.

constitutionally entrenched

Legislative authority for Provinces arises from Section 104 from two forms of legislative process called __.

exclusive or concurrent

Subject to the S44(2) intervention Provincial Legislatures have exclusive authority over __ Functional areas.

Schedule 5

Provincial Legislature has __ legislative authority with the National Legislature in terms of Schedule 4 Functional Areas.

concurrent

Provincial Constitution may not be inconsistent with __ , but its legislative and executive structures and procedures may differ.

The Interim Constitution

Requirements for signing, publication and safekeeping of Provincial Constitutions can be found in Section __.

145

Trias Political provides that“ The State ” consists of __.

the three branches separated into spheres

__ of the Constitution provides the Judicial Authority of the Republic is vested in the Courts.

Section 165

The 17th Constitutional Amendment __ provides that the Chief Justice is the head of the judiciary.

165(6)

__ are essential to Judicial Bodies and Independence.

Functional Independence; Personal Independence

__ refers to the specific judicial officers that exercise judicial authority.

Personal independence

Appointments of Judicial Officers makes it difficult for executive authority to __.

Manipulation of judicial appointments

Section 174(2) Requires that the body of judicial officers reflect broadly __.

the racial and gender composition of South Africa

The __ refers to the functional exercise of power by the court.

functional exercise of power

__ provides that Apart from independence of the judiciary it is important that courts should be impartial in their exercise of judicial authority.

Section 165(2) & (3)

Adjudication by Courts provides that __.

The courts must interpret and apply the law, including the Constitution of the State

of the Constitution provides The Right to Access to Courts and to Fair and Public Hearings. Section also sees Sections 165 & 8 and Section 36(Limitations Clause).

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