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CSL2601 Class Notes

The document provides an overview of key concepts for a constitutional law discussion class, including: 1) The three branches of government - the executive, legislature, and judiciary - and their relevance in all spheres of government. 2) The distinction between unitary and federal states, with examples given of each type, and an explanation that South Africa has elements of both. 3) Key principles of constitutional democracy like separation of powers, cooperative government, regular elections, and a multiparty system. 4) The importance of understanding referenced cases, terms, and how the three branches uphold democracy through checks and balances and cooperative government between spheres.

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Refilwe Kgadi
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1K views2 pages

CSL2601 Class Notes

The document provides an overview of key concepts for a constitutional law discussion class, including: 1) The three branches of government - the executive, legislature, and judiciary - and their relevance in all spheres of government. 2) The distinction between unitary and federal states, with examples given of each type, and an explanation that South Africa has elements of both. 3) Key principles of constitutional democracy like separation of powers, cooperative government, regular elections, and a multiparty system. 4) The importance of understanding referenced cases, terms, and how the three branches uphold democracy through checks and balances and cooperative government between spheres.

Uploaded by

Refilwe Kgadi
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd

CSL Discussion Class notes

Separation of powers (trias politica)


- know the duties and powers of the Executive, Legislative (parliamentary) and
Judicial authority

The three branches of government


- Executive
Found in all spheres of government
- Legislature
- Judiciary
- Know the relevance of Schedule 4 and 5 of the Constitution

Local government chapter 12


- public participation
- read through the assignments and the tutorials
- Know the relevance of Schedule 4 and 5 of the Constitution

Co-operative government chapter 6


- principles underlying Constitution

Rechsstaat principles
- you do not need to know the Rechsstaat principle in depth, just know what it is; you
will not be asked a full definition in the exam, you just need to be able to apply
your knowledge
- know the section on dictatorship and revolutionaries
- know Question 1 of the Oct/Nov 2007 exam, in tutorial letter 103
- regular elections
- multiparty system
- separation of powers (functions of Executive, Legislature and Judiciary)
- cooperative government
- constitutional democracy
- representative democracy
- know Dicey’s views page 41

Distinguish between a Unitary and Federal state


- examples of Federal states: USA, Canada, Australia, Nigeria
- examples of Unitary states: Zimbabwe, Swaziland, Lesotho, Botswana
- SA is a hybrid
 it has features of a Federal and Unitary state
 these are visible in the 3 spheres of government and Schedule 4

General info

o if a case is mentioned in a Tutorial letter; it will be asked in the exam e.g.


Robertson, Western Cape, Certification and SARU cases
o don’t just read a case; summarise it and be able to analyse it
o go through all the Tutorial Letters, Study Guide (do all the activities), read all the
prescribed cases in the Reader and Additional Reader

CSL Discussion Class notes


CSL Discussion Class notes

Make sure you know and understand the following terms

o Democracy is only practiced in a democratic state


- The duty of a democratic state is to create a democratic society
- Identify the principles underlining the above concepts
- Page 43 of guide

o Know the roles of the three branches of government in terms of uplifting democracy
- Separation of powers doctrine
- Whether this is the separation of power/personnel/functions
- How each branch exercises power by means of checks and balances
- How does the Legislature oversee the work of the Executive

o Cooperative government ensures that conflicts are mediated between all spheres of
government
- The three spheres are the National, Provincial and Local spheres of
government
- Parliamentary privileges, know the De Lille case

CSL Discussion Class notes

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