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ChatGPT
Oct 9
One piece of evidence from the Constitution of the Republic of South Africa in 1996 that supports the statement that the current government structure is not based on parliamentary supremacy is found in Chapter 3, Section 41. This section outlines the separation of powers between the legislative, executive, and judicial branches of government, emphasizing that each branch is independent and must exercise its powers and functions without interference from the others.
Additionally, Section 42 of the Constitution establishes the National Assembly as the legislative authority of the Republic, but also recognizes the role of the executive branch in the form of the President and Cabinet. This demonstrates a system of checks and balances where the executive branch is not subordinate to the legislative branch, further indicating that parliamentary supremacy is not the governing principle of the South African government structure.
Additionally, Section 42 of the Constitution establishes the National Assembly as the legislative authority of the Republic, but also recognizes the role of the executive branch in the form of the President and Cabinet. This demonstrates a system of checks and balances where the executive branch is not subordinate to the legislative branch, further indicating that parliamentary supremacy is not the governing principle of the South African government structure.
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Google Gemini AI
Oct 9
The statement is not accurate.
The 1996 Constitution of the Republic of South Africa, the current supreme law of the country, does establish a parliamentary system of government. Parliament is the supreme legislative body and has the power to make laws, amend the constitution, and set the budget.
Here are some provisions from the Constitution that support this:
1. "The legislative authority of the Republic is vested in Parliament, which consists of the National Assembly and the National Council of Provinces." [Section 44(1)]
2. "Parliament has the power to make laws for the Republic, subject to the provisions of this Constitution." [Section 44(2)]
3. "Parliament is the highest authority in the Republic, and all other institutions derive their authority from it." [Section 45(1)]
There are certain checks and balances in place to limit the power of Parliament, such as the Constitutional Court, which has the power to review laws passed by Parliament and declare them unconstitutional. However, these checks and balances do not undermine the supremacy of Parliament.
The 1996 Constitution of the Republic of South Africa, the current supreme law of the country, does establish a parliamentary system of government. Parliament is the supreme legislative body and has the power to make laws, amend the constitution, and set the budget.
Here are some provisions from the Constitution that support this:
1. "The legislative authority of the Republic is vested in Parliament, which consists of the National Assembly and the National Council of Provinces." [Section 44(1)]
2. "Parliament has the power to make laws for the Republic, subject to the provisions of this Constitution." [Section 44(2)]
3. "Parliament is the highest authority in the Republic, and all other institutions derive their authority from it." [Section 45(1)]
There are certain checks and balances in place to limit the power of Parliament, such as the Constitutional Court, which has the power to review laws passed by Parliament and declare them unconstitutional. However, these checks and balances do not undermine the supremacy of Parliament.
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