FUR2601 May/Jun 2015 exam paper — questions

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Every question, by topic

  1. Question 1.1 · Constitutional interpretation · 2 marks

    Consider whether it is true or false that the Constitutional Court favours a grammatical method of interpreting the rights contained in the Bill of Rights.Show the full question

  2. Question 1.2 · Constitutional remedies · 2 marks

    Consider whether it is true or false that reading in is a constitutional remedy used to remedy an omission in a statutory provision.Show the full question

  3. Question 1.3 · Application of the Bill of Rights · 2 marks

    Consider whether it is true or false that the Bill of Rights applies to the conduct of a farm owner who refuses to provide housing for a group of squatters.Show the full question

  4. Question 1.4 · Litigation: standing, onus and access · 2 marks

    Consider whether it is true or false that the Constitutional Court has jurisdiction to hear any matter if leave to appeal is granted and the matter is of such importance that it ought to be considered by the Constitutional Court.Show the full question

  5. Question 1.5 · Limitation of rights (s36) · 2 marks

    Consider whether it is true or false that the general limitation clause can meaningfully be applied to all rights in the Bill of Rights.Show the full question

  6. Question 1.6 · Constitutional remedies · 2 marks

    State two ways in which a declaration of invalidity can be controlled or limited.Show the full question

  7. Question 1.7 · Constitutional interpretation · 3 marks

    Identify the three forms of democracy that are recognised by the Constitution.Show the full question

  8. Question 1.8 · Litigation: standing, onus and access · 3 marks

    Outline the main considerations that must be taken into account during the procedural stage of litigation concerning fundamental rights.Show the full question

  9. Question 1.9(a) · Application of the Bill of Rights · 1 mark

    Does the Bill of Rights apply to an Act of Parliament? Give a reason for your answer.Show the full question

  10. Question 1.9(b) · Application of the Bill of Rights · 1 mark

    Does the Bill of Rights apply to a municipal by-law? Give a reason for your answer.Show the full question

  11. Question 1.9(c) · Application of the Bill of Rights · 1 mark

    Does the Bill of Rights apply to a court order? Give a reason for your answer.Show the full question

  12. Question 1.9(d) · Application of the Bill of Rights · 1 mark

    Does the Bill of Rights apply to the imposition of a fine by a traffic officer? Give a reason for your answer.Show the full question

  13. Question 1.9(e) · Application of the Bill of Rights · 1 mark

    Does the Bill of Rights apply to a decision by UNISA to expel a student? Give a reason for your answer.Show the full question

  14. Question 1.10 · Litigation: standing, onus and access · 2 marks

    If an applicant wishes to approach the court on behalf of another person, what must the applicant demonstrate in order to have standing to do so?Show the full question

  15. Question 2.1 · Constitutional interpretation · 5 marks

    Critically discuss whether South African law makes provision for so-called class actions.Show the full question

  16. Question 2.2 · Constitutional interpretation · 10 marks

    Explain the role that public opinion plays in the interpretation of the Bill of Rights, referring to relevant case law.Show the full question

  17. Question 2.3 · Constitutional interpretation · 5 marks

    Explain what is meant by 'context' in constitutional interpretation.Show the full question

  18. Question 2.4 · Constitutional interpretation · 5 marks

    Discuss whether the general limitation clause contained in section 36 of the Constitution can be applied to all the rights in the Bill of Rights.Show the full question

  19. Question 3.1 · Constitutional remedies · 5 marks

    List five factors that are relevant when a court decides which constitutional remedy to award.Show the full question

  20. Question 3.2 · Constitutional remedies · 10 marks

    Explain whether reading down qualifies as a constitutional remedy, and describe how reading down differs from both severance and reading in.Show the full question

  21. Question 3.3 · Equality and unfair discrimination · 5 marks

    Section 9(2) of the Constitution provides for affirmative action measures. Discuss whether section 9(2) should be regarded as an exception to sections 9(3) and 9(4) of the Constitution.Show the full question

  22. Question 3.4 · Human dignity · 5 marks

    Name five provisions of the Constitution that make reference to human dignity.Show the full question

  23. Question 4.1 · Socio-economic rights · 5 marks

    Ms Fortune learns that she has leukaemia. On her way home she is so distressed by the diagnosis that she drives through a red traffic light and is involved in a car accident, after which she is taken to hospital in a very serious condition. With reference to the relevant constitutional provisions and case law, discuss whether, and to what extent, she can demand emergency medical treatment.Show the full question

  24. Question 4.2 · Limitation of rights (s36) · 2 marks

    Where a law requires all medical doctors, but not members of any other profession, to perform community service, does such a provision qualify as a law of general application?Show the full question

  25. Question 4.3 · Limitation of rights (s36) · 2 marks

    Describe the two-stage approach used when limiting fundamental rights.Show the full question

  26. Question 4.4 · Constitutional remedies · 2 marks

    Explain what a structural interdict is and identify the type of cases for which it is best suited.Show the full question

  27. Question 4.5 · Litigation: standing, onus and access · 2 marks

    Explain the meaning of the term 'justiciability'.Show the full question

  28. Question 4.6 · Application of the Bill of Rights · 2 marks

    Under what circumstances may a juristic person rely on the protection afforded by the Bill of Rights?Show the full question

  29. Question 4.7 · Socio-economic rights · 5 marks

    Explain the approach adopted by the Constitutional Court towards the justiciability of socio-economic rights in the Certification judgment.Show the full question

  30. Question 4.8 · Litigation: standing, onus and access · 5 marks

    In terms of section 38 of the Constitution, identify who has standing to approach a court in respect of a violation of a fundamental right.Show the full question