UNISA study guide
CSL2601 Constitutional Law
The nature and sources of constitutional law, constitutional supremacy and the rule of law, the separation of powers, the legislative, executive and judicial authority, constitutional review and amendment, and the multi-sphere state — mastered from first principles. The exam includes written, application-type questions.
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About this CSL2601 study guide
Free study notes and practice for CSL2601 Constitutional Law at UNISA. Every topic has plain-language notes with the sections of the 1996 Constitution and the leading cases, quizzes and assessments, and written practice with a mark scheme that names the sections and cases a referenced, open-book answer should cite. You can read the first three topics without an account; sign in for the rest and to track your progress.
What CSL2601 covers
- Nature & Definition of Constitutional Law: What constitutional law is, the state authority it regulates, and how it fits within public law.
- Sources of Constitutional Law: The binding and persuasive sources from which South African constitutional law is drawn.
- Constitutional Supremacy & Founding Provisions: The supremacy of the Constitution and the founding values in sections 1 and 2.
- The Rule of Law & Legality: The rule of law as a founding value and the principle of legality that controls public power.
- Separation of Powers: The doctrine of separation of powers and how the Constitution distributes state authority.
- Checks and Balances: How each branch of government limits the others to prevent the abuse of power.
- The Legislative Authority (Parliament): Where legislative authority is vested and the composition of Parliament.
- The Law-Making Process: How bills become law: ordinary bills, bills affecting provinces, money bills, and constitutional amendments.
- The Executive Authority: Where executive authority is vested, the President's dual role, and the Cabinet's accountability.
- The Judicial Authority: Where judicial authority is vested, the court structure, and the independence of the judiciary.
- Constitutional Review & Justiciability: The courts' power of constitutional review, the special role of the Constitutional Court, and access to it.
- Amendment of the Constitution: The special procedures and heightened majorities required to amend the Constitution.
- Cooperative Government & the Three Spheres: The three spheres of government and the principles of cooperative government in Chapter 3.
- Provincial Government: The structure and powers of provincial government and how provincial legislative competence works.
- Local Government: The objects, categories, and powers of municipalities in the local sphere.
- State Institutions Supporting Democracy (Chapter 9): The independent institutions established in Chapter 9 to strengthen constitutional democracy.
The module also tests case law (for example the Treatment Action Campaign, Glenister, Fourie, Hugo and Nkandla judgments), so the notes and practice questions refer to the cases and sections that exam answers need.