Principles of Criminal Law (LAW203) Assessment 1

Principles of Criminal Law

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Principles of Criminal Law (LAW203) Assessment 1

Individual assignment

Question

Section 8(3)(a) -(b) of the Constitution of the Republic of South Africa, 1996, states:

“(3) When applying a provision of the Bill of Rights to a natural or juristic person in terms of subsection (2), a court –

  • in order to give effect to a right in the Bill, must apply, or if necessary, develop, the common law to the extent that legislation does not give effect to that right; and
  • may develop rules of the common law to limit the right, provided that the limitation is in accordance to section 36(1)”

On the background of this Constitutional provision, critically analyse and discuss the role of the Courts in developing common law with specific reference to criminal law. Support your analysis with relevant Case law, Constitutional and Legislative provisions as well as the opinions and discussions of academic authors.

(50)

Instructions

  1. Your assignment should be typed in Font Arial, Size 12 in 1.5 Spacing. Justify the text
  2. Include a cover page with your full names or initials and Surname, your student number and the module name and code
  3. Include a Bibliography where you list, in alphabetical order, all the sources used in writing this Assignment
  4. You Do Not need to include Footnotes as you reference
  5. Your Assignment should not be longer than 7 pages excluding the cover page and bibliography.
  6. Your Assignment should have an Introduction, a Body (with headings and sub- headings where necessary) and a Conclusion
  7. The University of Mpumalanga’s Policy on Plagiarism applies (student’s own responsibility to familiarize oneself with the policy)
  8. This is an Individual Assignment
  9. The Assignment is due on 18 April 2023 at 12:00 pm
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