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History, Role of the Constitutional Court and Rights Protected

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lau97
Created by lau97 about 10 years ago
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South AfricanConstitutionHISTORYROLE OF THE CONSTITUTIONALCOURTEXAMPLES OF RIGHTSPROTECTEDAdopted 8th May, 1996 - Was a turning point in thecountry's struggle for democracyDrafted by an all inclusive constitutiveassembly, which had representatives from allthe major political parties and liberationorganisations.The constitutional assembly sat between May1994 and October 1996 drafting and completingthe new constitution.The new Constitution was the embodiment of thevision of generations of anti-apartheid freedom fightersand democrats who had fought for the principle thatSouth African belonged to all, for non racialism and forhuman rights.The South African Constitutional Court was an entirely new courtintended to serve as a complete break from the previous judicialsystem which, under apartheid, had been required to administeroppressive laws. The creation of a new court was thereforenecessary to ensure public confidence in the Court for its rolewas to be pivotal in ensuring that government acts according tolaw.The Constitutional Court only makes decisions aboutissues that have to do with the Constitution. It is alsothe highest court in the land since its decisionscannot be changed by any other court.When you are not satisfied with what the High Court hasdecided you can go to the Constitutional Court only if ithas to do with constitutional issuesThe Constitutional Court can declare legislationinvalid it infringes on the rights listed in the Bill ofRights, and this decision cannot be overridden byparliamentPrivacyHousingFreedom ofExpressionFreedom and Security of thePersonEqualityEveryone has the right to privacy, which includesthe right not to have - (a) their person or homesearched; (b) their property searched; (c) theirpossessions seized; or (d) the privacy of theircommunications infringed.(1) Everyone has the right to have access to adequate housing.(2) The state must take reasonable legislative and othermeasures, within its available resources, to achieve theprogressive realisation of this right. (3) No one may be evictedfrom their home, or have their home demolished, without anorder of court made after considering all the relevantcircumstances. No legislation may permit arbitrary evictions.(1) Everyone is equal before the law and has the right toequal protection and benefit of the law. (2) Equality includesthe full and equal enjoyment of all rights and freedoms. Topromote the achievement of equality, legislative and othermeasures designed to protect or advance persons, orcategories of persons, disadvantaged by unfair discriminationmay be taken. (3) The state may not unfairly discriminatedirectly or indirectly against anyone on one or more grounds,including race, gender, sex, pregnancy, marital status, ethnicor social origin, colour, sexual orientation, age, disability,religion, conscience, belief, culture, language and birth.(1) Everyone has the right to freedom and security ofthe person, which includes the right - (a) not to bedeprived of freedom arbitrarily or without just cause; (b)not to be detained without trial; (c) to be free from allforms of violence from either public or private sources;(d) not to be tortured in any way; and (e) not to betreated or punished in a cruel, inhuman or degradingway. (2) Everyone has the right to bodily andpsychological integrity, which includes the right - (a) tomake decisions concerning reproduction; (b) to securityin and control over their body; and (c) not to besubjected to medical or scientific experiments withouttheir informed consent.(1) Everyone has the right to freedom of expression, whichincludes - (a) freedom of the press and other media; (b)freedom to receive or impart information or ideas; (c) freedomof artistic creativity; and (d) academic freedom and freedom ofscientific research. (2) The right in subsection (1) does notextend to - (a) propaganda for war; (b) incitement of imminentviolence; or (c) advocacy of hatred that is based on race,ethnicity, gender or religion, and that constitutes incitement tocause harm.Double click this nodeto edit the textClick and drag this buttonto create a new node