Constitutional Law

1. (1)T: "...The Constitution...is the supreme law of the land" (Study Guide p13) "Supreme Constitutions...usually (but not always!) Inflexible." (Study Guide p29) "This 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. " (1996 Constitution s1 (2))

2. (1)T: "Britain does not have a written Constitution in the sense of a single document called' the constitution'" (Study Guide p20)

3. (2)F: "The Constitution is not an Act of Parliament...is the supreme law of the land...higher status than Acts of Parliament" (Study Guide p13)

4. (1)

5. (2)F: "Principles of cooperative government... determines the relationship between the spheres of government..."(Study Guide p82)

6. (1)T: "Chapter 3 of the Constitution... relationship...close cooperation within a larger framework...recognises that the three spheres of government are distinctive...emphasises that the division of power between the three spheres of government must be respected."(Study Guide p82)

7. (1)

8. (1)T: "support the distinction which allows magistrates to order committal to prison and denies that power to other state functionaries." (Reader p33)

9. (2)F: "Provincial legislation prevails over National legislation if subsection 2 or 3 does not apply." (1996 Constitution s146)

10. (1)T: "Parliament is entitled to enforce its own internal disciplinary measures for contempt of Parliament." (Study Guide p115)

11. (2)

12. (2)F: "Powers which the President exercises "after consulting" other functionaries the president appoints... the Chief Justice..."After consulting [:]...President must consult the relevant functionary or institution...not bound by the recommendation." (Study Guide p166)

13. (1)

14. (2)

15. (2)F: "...acknowledges the requirement that higher levels of government should monitor local government functioning is deficient of defective in a manner that compromises this autonomy." (Study Guide p258)

16. (2)

17. (2)

18. (1)

19. (2)F: "The other judges of the Constitutional Court are appointed by the President, as head

of the national executive, after consulting the Chief Justice and the leaders of parties

represented in the National Assembly, in accordance with the following