FUR2601 Oct/Nov 2016 exam paper — questions
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Question 1 · Litigation: standing, onus and access · 5 marks
Discuss the substantive stage of fundamental rights litigation.Show the full question
Question 1.1 · Application of the Bill of Rights · 2 marks
Consider the statement: vertical application of the Bill of Rights refers to the application of the Bill of Rights to a dispute between private parties, where the constitutionality of legislation is not at issue.Show the full question
Question 1.2 · Application of the Bill of Rights · 2 marks
Consider the statement: the indirect application of the Bill of Rights means that law or conduct is found unconstitutional and a constitutional remedy is provided.Show the full question
Question 1.3 · Application of the Bill of Rights · 2 marks
Consider the statement: the South African Broadcasting Corporation (SABC) can invoke the right to freedom of expression.Show the full question
Question 1.4 · Litigation: standing, onus and access · 2 marks
Consider the statement: to prove that one is acting in the public interest in terms of section 38(d) of the Constitution, one has to show that one is acting in the public interest and that the public has sufficient interest in the remedy.Show the full question
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