Study Set Content:
1- Flashcard

1: When is litigation needed?

When a legislative provision is found to be unconstitutional.

Click To Flip the Card
2- Flashcard

2: Court will then...

Rule on the Constitutionality of the provision.

Click To Flip the Card
3- Flashcard

3 : There are two stages of litigation regarding an unconstitutional provision, namely?

  1. Infringement Stage
  2. Limitation Stage
Click To Flip the Card
4- Flashcard

4: When does the infringement stage begin?

The infringement stage begins when an allegation is made that the provision of legislation violates a constitutional right.

Click To Flip the Card
5- Flashcard

5: Why is the allegation made?

In order to define the right that is allegedly being infringed.

Click To Flip the Card
6- Flashcard

6: Rights are either defined...

  1. Unconditionally
  2. Conditionally
Click To Flip the Card
7- Flashcard

7: Which rights are unconditionally defined?

Sections 9, 12 and 18.

Click To Flip the Card
8- Flashcard

8: Unconditionally defined rights of section 9, 12 and 18 means that...

These sections do not include built in restrictions

Click To Flip the Card
9- Flashcard

9: Conditionally Defined rights include...

Section 16, 17, 22, 26, 27 and 30, these rights have their own built in restrictions within the Contitution

Click To Flip the Card
thumb_up_alt Subscribers
layers 9 Items
folder Law Category
0 Reviews
Share It Now!