ASSIGNMENT QUESTION: Study and provide and an overview analysis of the Constitutional Court judgment of Minister of Justice and Constitutional Development v Prince 2018 JDR 1588 (CC) in view of the relevant constitutional rights at play. NB: THE FOLLOWING MARKING RUBRIC WILL BE USED: Substance and originality Proper use of referencing style Proper use of language Proper assignment structure Adherence to assignment instructions ==>> i) (65 marks) (10 marks) (10 marks) (05 marks) (10 marks) TOTAL ASSIGNMENT MARKS [100]​

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Answer 1

Answer:

The case of Minister of Justice and Constitutional Development v Prince 2018 JDR 1588 (CC) was a landmark judgment by the South African Constitutional Court, which had far-reaching implications for the country's drug laws and the constitutional rights at play.

The case concerned the constitutionality of sections 4(b) and 5(b) of the Drugs and Drug Trafficking Act, which criminalized the possession, use, and cultivation of cannabis (also known as dagga) in all forms, including for personal use. The respondents in the case argued that these provisions violated their constitutional rights to privacy, dignity, and freedom of religion.

The Constitutional Court ultimately held that sections 4(b) and 5(b) of the Act were unconstitutional and invalid to the extent that they criminalized the use, possession, and cultivation of cannabis for personal use in a private place. The Court found that the prohibition on the private use of cannabis violated the right to privacy, which includes the right to possess and consume drugs in the privacy of one's home.

The Court also found that the prohibition on the use of cannabis for religious purposes violated the right to freedom of religion, as the use of cannabis was an integral part of certain religious practices. However, the Court limited the scope of this finding to the specific case before it and did not provide a blanket exemption for the use of cannabis for religious purposes.

Overall, the judgment in Minister of Justice and Constitutional Development v Prince represents a significant shift in South Africa's drug laws and underscores the importance of protecting individual rights and freedoms. The case highlights the need for a nuanced approach to drug policy that takes into account the complex interplay between public health, individual rights, and social justice.

Explanation:


Related Questions

Why are minorities (predominately black & Latino )arrested /incarcerated at a higher rate than other race

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Some of the reasons why minorities, particularly Black and Latino individuals, are arrested and incarcerated at higher rates include:

Racial profilingDisproportionate policing

Why are minorities in prison at a higher rate ?

Law enforcement officers are more likely to view Black and Latino individuals as suspicious or criminal simply because of their race, leading to higher rates of stops, searches, and arrests.

Police presence and resources are often focused more heavily in low-income communities of color, leading to higher levels of surveillance and enforcement.

The criminal justice system as a whole has been shaped by centuries of institutional racism, leading to policies and practices that disproportionately impact minorities and perpetuate racial disparities.

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if a person calls his former employer and falsely states that the employer's son was just arrested for a double homicide after a botched robbery attempt, the person has likely committed the tort of .

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Answer:intentional infliction of emotional distress

Explanation:

According to the U.S. Supreme Court, how is compulsory self-identification not a violation
of the Fourth Amendment?

Answers

The U.S. Supreme Court has held that compulsory self-identification, such as providing one's name to a police officer during a stop, is not a violation of the Fourth Amendment because it does not constitute a search or seizure

How is compulsory self-identification not a violation of the Fourth Amendment?

According to The U.S. Supreme Court, it has held that compulsory self-identification, such as providing one's name to a police officer during a stop, is not a violation of the Fourth Amendment because it does not constitute a search or seizure.

The Court has reasoned that requiring a person to identify themselves to a police officer is a minimal intrusion on their privacy and is outweighed by the government's interest in ensuring public safety and enforcing the law.

However, there are limitations on the government's ability to compel identification, and the Fourth Amendment still requires that any stop or detention be based on reasonable suspicion or probable cause.

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true/false. the paramilitary model of policing emphasizes a legalistic approach and authoritarian managerial process intended to control officers' behavior to improve crime control and lessen corrupt practices.

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Answer: "The paramilitary model of policing emphasizes a legalistic approach and authoritarian managerial process intended to control officers' behavior to improve crime control and lessen corrupt practices. This has been characterized as politically conservative, closed, and secretive. Private world of policing."

Explanation: Cited from Quizlet! Hope this helps!

The paramilitary model of policing emphasizes a legalistic approach and authoritarian managerial process intended to control officers' behaviour to improve crime control and lessen corrupt practices. This statement is true because it is often used in police departments that prioritize crime control and enforcement over community relations and problem-solving.

This model is often characterized by strict rules, rigid hierarchies, and a strong emphasis on discipline and obedience to authority.

This model can be effective in reducing crime and corruption, but it can also lead to a lack of trust and collaboration between the police and the communities they serve.

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at the international court of justice, select one: a. states must take part in a process called fiat lux before the icj will accept the case. b. states may sue states. c. individuals may sue states. d. all decisions are binding on parties to a case.

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At the International Court of Justice (ICJ), the correct statement is:

B. States may sue states.

The ICJ is the principal judicial organ of the United Nations and its primary function is to settle legal disputes between states. It is also known as the World Court, and it is located in The Hague, Netherlands. States can bring cases against other states at the ICJ, and the court has jurisdiction over disputes related to international law, including treaties and conventions.

Individuals or private entities cannot sue states directly at the ICJ. However, in some cases, states may bring cases on behalf of their citizens or legal entities, or individuals may be allowed to participate in a case as a third party with a legal interest.

All decisions made by the ICJ are binding on the parties to a case, meaning that the states involved in the dispute must comply with the court's judgment.

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true/false. the national origins quota system allowed only a small quota of new immigrants from northern european countries but a large quota of immigrants from eastern and southern european countries.

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Answer: True

Explanation:

The National Origins Quota System, which was in effect from 1924 to 1965, favored immigration from Northern and Western Europe and restricted immigration from Southern and Eastern Europe, Asia, and other regions. The quota system assigned each country a quota based on its representation in past U.S. census figures, with preference given to immigrants from Britain, Ireland, and Germany.

The given statement "the national origins quota system allowed only a small quota of new immigrants from northern european countries but a large quota of immigrants from eastern and southern european countries" is True.

The National Origins Quota System allowed only a small quota of new immigrants from Eastern and Southern European countries but a large quota of immigrants from Northern European countries.

This system was put in place in the 1920s and aimed to restrict immigration from certain parts of the world, particularly from Eastern and Southern Europe, while favoring immigrants from Northern Europe.

The system was abolished in 1965 with the passing of the Immigration and Nationality Act, which eliminated national origin quotas and established a preference system based on family reunification and skilled labor.

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How did budgeting shortages affect incarceration in the United States?
• Wardens formed an
organization to finance necessities.
• Huge gaps arose in repairing the physical plants of prisons in the South compared to those in the North.
O Approval for prison privatization began to accelerate in many states.
• Reform groups sprang up throughout the United States calling for updated equipment.

Answers

Answer:

I have gotten questions like this on college assignments I did my best.

Explanation:

Huge gaps arose in repairing the physical plants of prisons in the South compared to those in the North.

Local rules we must follow are sometimes known as what?

Policies

Guidelines

Ordinances

Answers

Answer:

Ordinances

Explanation:

Which is a piece of legislation (or a law) enacted by a municipal (also know as a local government official) authority.

explain how efforts of the LGBTQ movement may have contributed to the data in the Gallup polls

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One way the LGBTQ movement has contributed to the data in Gallup polls is by raising awareness about LGBTQ issues and promoting greater acceptance of LGBTQ individuals in society. As a result of these efforts, public opinion has shifted towards greater support for LGBTQ rights, including marriage equality, anti-discrimination laws, and equal access to healthcare and education.

How efforts of the LGBTQ movement may have contributed to the data in the Gallup polls?

For example, Gallup polls conducted over the past few decades show a clear trend towards greater support for same-sex marriage. In 1996, only 27% of Americans supported same-sex marriage, while 68% were opposed. However, by 2021, support for same-sex marriage had risen to 70%, while opposition had fallen to 28%.

The LGBTQ movement has also worked to change the media representation of LGBTQ individuals, which has helped to dispel negative stereotypes and increase visibility of the LGBTQ community. This increased visibility has contributed to greater understanding and acceptance of LGBTQ individuals, which is reflected in the data of Gallup polls related to LGBTQ issues.

Overall, the efforts of the LGBTQ movement have contributed to the data in Gallup polls by increasing public awareness and acceptance of LGBTQ individuals, promoting greater support for LGBTQ rights, and changing the media representation of the LGBTQ community.

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An employer properly brought a conversion action against an employee in federal district court sitting in diversity jurisdiction. The employee's answer contained an age discrimination counterclaim against his employer based on federal law. The answer was prepared, signed, and filed by the employee's attorney. The employee's attorney did not act in bad faith, but did not reasonably investigate the factual contentions made in the counterclaim. The employer's attorney filed with the court and served on the employee's attorney a motion to dismiss the counterclaim for failure to state a claim upon which relief can be granted. The next day, the employer's attorney served a motion for sanctions under Rule 11 on the employee's attorney based on the failure to reasonably investigate the factual contentions contained in the counterclaim, but did not file this motion with the court. Twenty days later and prior to the court ruling on the dismissal motion, the employee's attorney filed a notice of dismissal with respect to the counterclaim.May the employer's attorney continue to pursue its motion for sanctions by filing it with the court?

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Yes, the employer's attorney may continue to pursue their motion for sanctions by filing it with the court.

This motion must be filed within 21 days after the opposing party's notice of dismissal. However, if the court has already ruled on the dismissal motion, then the motion for sanctions is no longer allowed. Under Rule 11 of the Federal Rules of Civil Procedure, an attorney must conduct a reasonable investigation into the facts and law related to the claims made in a counterclaim or other legal action. If the attorney does not conduct this investigation, then the court may impose sanctions on the attorney.


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Genetic testing accessible to the public has become much more accurate and reasonably priced because of the use of independent online laboratories.
True
False​

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It is true that genetic testing accessible to the public has become much more accurate and reasonably priced in recent years. However, the reason for this is not necessarily solely due to the use of independent online laboratories.

a deliberate misrepresentation of a material fact with intent to induce another person to enter into a contract -- and on which the person reasonably relies and does enter into a contract that is injurious to that person -- is defined in the legal community as:

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Answer: Fraud

Explanation:

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