British Law Answers

Determine the correct chronological order in which the following human rights documents were adopted. Which one of these was implemented the most recently?

(1) The Universal Declaration of Human Rights

(2) The American Declaration of Independence

(3) The African Charter on Human and People’s Rights

(4) The Constitution of France established after the French Revolution

Which one of the following approaches to the principle of constitutionalism applied in terms of the Constitution of the Union of South Africa?

(1) Complete denial of constitutionalism

(2) Partial recognition of constitutionalism

(3) Full recognition of constitutionalism

(4) None of the above

In its report, the Truth and Reconciliation Commission found that our courts’ inability to take a stand against the onslaught of apartheid legislation was due to various factors. Which one of the following was not listed as a factor?

(1) The principle that judges could only administer law and not create it

(2) The doctrine of parliamentary sovereignty

3) Legal positivism

(4) The application of Roman-Dutch law

Which one of the following statements regarding the South African liberation movement is not correct?

(1) The movement questioned the moral justifiability of Roman-Dutch law as the true foundation of South African law to the exclusion of indigenous law.

(2) The movement initially made use of passive resistance and civil disobedience to achieve its aims.

(3) The movement’s activities had no impact on the internal legal historical development of South African law.

(4) The movement endeavoured to create a just society and a legitimate legal order. 

The second British Occupation of the Cape took place in 1806. During which century did this event take place?

(1) The sixteenth century

(2) The seventeenth century

(3) The eighteenth century

(4) The nineteenth century

Which one of the following documents expressly stipulated that English law would replace Roman-Dutch law as the applicable legal system at the Cape after 1795?

(1) The First Charter of Justice

(2) The Second Charter of Justice

(3) The Articles of Capitulation

(4) None of the above

Which one of the following was a formal source of law at the Cape during the period of Dutch rule (1652–1795)?

(1) The Constitution of the Union of South Africa

(2) The old writers on Roman-Dutch law

(3) General principles and ideas

(4) The Code Civil

Which one of the following factors did not contribute to the revival of Roman law in Western Europe in the eleventh century?

(1) The law of that time could no longer satisfy the needs of a more complex and sophisticated society.

(2) In terms of the feudal system, each region, city or town had its own separate legal system.

(3) The legal diversity at the time hampered trade and created a need for one universal written legal system.

(4) Roman law, a sophisticated legal system, was known to everybody and was easily available in the form of the Decretum Gratiani.

Which one of the following statements regarding the development of Roman law is correct?

(1) During the republican period, the king of Rome was the supreme judge and he made the law.

(2) The Statute of Citation codified the praetorian edicts and was promulgated during the period of the Principate.

(3) The post-classical era was characterised by the decline of classical Roman science.

(4) During the later years of the Monarchy, the jurists developed into a separate group that gave free legal advice to the public

Which one of the following statements regarding the ancient Greek philosophers and legal system is not correct?

(1) Greek philosophers, such as Plato and Aristotle, wrote much on the purpose of the law, the ideal society and the nature of justice

(2) The roots of critical thinking in the Western tradition originated in ancient Greece.

(3) The content and structure of ancient Greek law greatly influenced the South African legal system.

(4) The ancient Greeks’ ideal of a scientific and rational legal system greatly influenced the Western legal tradition.