QQuestionLaw School Admission Test
QuestionLaw School Admission Test
Does the repugnancy clause still apply in South African law today? In your own words, motivate your answer in no more than 150 words.
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Answer
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Step 1: Understand the repugnancy clause
The repugnancy clause is a concept in South African law that allows courts to declare a law unconstitutional if it conflicts with the Constitution's founding principles. This clause is enshrined in Section 2 of the Constitution, which states that "the Constitution is the supreme law of the Republic; law or conduct inconsistent with it is invalid."
Step 2: Examine the current status of the repugnancy clause
The repugnancy clause continues to apply in South African law today. It is an essential component of the country's constitutional democracy, ensuring that all laws adhere to the Constitution's principles. The clause has been invoked in various cases since the enactment of the 1996 Constitution, demonstrating its relevance and significance in the legal system.
Final Answer
Yes, the repugnancy clause remains a vital aspect of South African law today. It ensures that all laws align with the Constitution's founding principles, protecting human rights and maintaining the rule of law. By allowing courts to declare unconstitutional laws invalid, the repugnancy clause upholds the supremacy of the Constitution and fosters a democratic society based on equality, freedom, and dignity.
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