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ZUG2005 – Bill of rights

Undergraduate – Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

School

Business and Economics

Offered

South Africa

  • Second Semester 2018 (Day)

15 Credits

Synopsis

The principal aim of this unit is to provide students with the theoretical underpinnings of the general principles of the Bill of Rights. The Bill of Rights is designed to dovetail with Constitutional Law, Interpretation of Statutes and Administrative Law. The unit explains the context and scope of the legal principles relating to Fundamental Rights Law within South Africa. Students will be able to demonstrate a well-rounded and systematic knowledge of and insights into terminology, history, theory and classification of human rights and fundamental rights, as well as the application, limitation and interpretation of the South African Bill of Rights in general. The unit will focus specifically on the following clusters of rights:

  • Normative fundamental rights;
  • Defensive fundamental rights;
  • Fundamental rights orientated towards society
  • Fundamental rights on state performance; and
  • Procedural fundamental rights.

A strategic and integrative approach is followed and explored through the use of appropriate case studies and applied activities to describe Fundamental Rights Law. To develop independent research skills, including how to use technology in legal research.

Outcomes

  • Demonstrate systematic knowledge and understanding of the Bill of Rights under the South African Constitution.
  • Explain the concepts and principles governing Fundamental Rights litigation.
  • Analyse theoretical and practical issues in complex factual sets involving basic terminology, rules, principles and theories of Fundamental Rights Law.
  • Examine the formulation of coherent, evidence-based and value-driven solutions to solve problems in this field of study.
  • Argue fundamental rights issues in an informed and critical manner.
  • Reflect on the ethical issues underpinning specific matters in Fundamental Rights Law.
  • Explain the application, limitation and interpretation of the South African Bill of Rights with regard to the normative fundamental rights, the defensive fundamental rights, the fundamental rights orientated towards society, the fundamental rights on state performance and the procedural fundamental rights.
  • Analyse legal research and present creative, coherent and accurate arguments.

Assessment

Within semester assessment: 50%
Examination: 50%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 150 hours per semester typically comprising a mixture of scheduled learning activities and independent study. Independent study may include associated readings, assessment and preparation for scheduled activities. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

Prerequisites

Constitutional law

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