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DLR320 Chapter 1 -3 flashcards
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Name 5 fundamental right relevant to the LOD
Name 5 fundamental right relevant to the LOD
o The right to property
o The right to life
o The right to freedom and security of the person (including the right to bodily
and psychological integrity)
o The right to privacy
o The right to dignity
o The right to equality
o The right to freedom of expression
o The right to freedom of religion, belief, and opinion
o The right to assembly, demonstration, picket and petition
o The right to freedom of association
o The right to freedom of trade, occupation, and profession
What conditions may cause a person to act involuntarily?
What conditions may cause a person to act involuntarily?
- Compulsion
- Sleep (sleepwalking)
o Unconsciousness
o Fainting fit
o Epileptic fit
o Serious intoxication (being blind drunk as opposed to tipsy)
o Blackout
o Reflex movements
o Strong emotional pressure
o Mental disease
o Hypnosis
o Heart attack
o Other (e.g. low blood sugar)
Define an objective criterion by referencing case law
Define an objective criterion by referencing case law
Schultz v Butt (1986) case:
o Court held: “legal convictions of the community” means/must be seen as the
‘legal convictions of legal policy makers of the community’, such as the
legislature and judges
When looking at the objective nature of the boni mores criterion, one must
consider/remember that the traditional view of the nature of an adjudicator’s activity
is that “judges interpret the law; they do not make the law” (Latin maxim = iudicis
est ius dicere non facere)
The boni mores criterion is an objective enquiry that must at all times be
informed by the values of the Consti
o -> it is the task of the judge to define and interpret legal convictions of the
community in a particular instance, having regard to legal policy, legal rules,
and court decisions in which the convictions of the community have found
expression, supplemented by evidence before him and all info gathered, and
then apply his interpretation to the problem concerned, taking into
consideration particular circumstances of the case
o In his role as interpreter of the legal convictions of the community, a judge
nevertheless does not elevate his personal viewpoint regarding right and
wrong to the sole measure of wrongfulness
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