FUR2601 May/Jun 2021 exam paper — questions

Every question, by topic

1. Question A1 · Socio-economic rights · 2 marks

   For this true-or-false question, indicate whether the statement is true or false and give a reason for the answer. True or false: the Constitutional Court applies the standard of reasonableness when determining whether the state has achieved the progressive realisation of the socio-economic rights provided for in the Constitution.Show the full questionShow less

2. Question A2 · Equality and unfair discrimination · 2 marks

   For each statement, say whether it is true or false and give a reason for your answer. True or false: where discrimination is based on a ground specifically listed in section 9(3) of the Constitution, it would be the applicant who has to prove that the discrimination is unfair.Show the full questionShow less

3. Question A3 · Application of the Bill of Rights · 2 marks

   Indicate whether the following statement is true or false, and give a reason for your answer. Is it true or false that the Department of Education is one of the few state departments that is not bound by the Bill of Rights? Justify your answer.Show the full questionShow less

4. Question A4 · Constitutional remedies · 2 marks

   In the case of Coetzee v Government of the Republic of South Africa 1995 (4) SA 621, the Constitutional Court found that reading in is a remedy granted by a court once it has concluded that a statute is constitutionally invalid. State whether this is true or false and give a reason for your answer.Show the full questionShow less

5. Question A5 · Constitutional remedies · 2 marks

   Determine whether it is true or false that 'reading in' is a constitutional remedy used to remedy an omission in a statutory provision, and give a reason for your answer.Show the full questionShow less