CSL2601
CONSTITUTIONAL
LAW
PORTFOLIO
MEMO/GUIDELINE
SEMESTER 2 –
OCTOBER/
NOVEMBER
UNISA – 2022
11 OCTOBER 2022
Disclaimer
Extreme care has been used by our Tutors to draft this document, however the contents are provided “as is” without any representations
or warranties, express or implied. This document is to be used for comparison, research and reference purposes ONLY. No part of this
document may be reproduced, resold or transmitted in any form or by any means without prior written permission from the Author. –
LLB EXAMPACKS & TUTORIALS.
PAST PAPERS & MEMOS, ASSIGNMENT MEMOS, NOTES, SUMMARIES & TUITONS.
Cell: 084 591 8661 Email:
Fax: 086 096 5452 www.llbexampacksandtutorials.co.za
, QUESTION 1
1.1 By way of examples and references to the appropriate Constitutional Law
authorities, briefly explain the different forms of democracy. (16)
There are several different conceptions or understandings of democracy that can be
identified, namely direct democracy, representative democracy, participatory
democracy and constitutional democracy. The presence of the varied conceptions of
democracy in the Constitution serves to demonstrate not only the varied
understandings of democracy, but also the centrality of democracy in defining the type
of society post-apartheid South Africa seeks to become.1
Direct democracy
Direct democracy means that all major political decisions are taken by the people
themselves. This form of democracy may work in a different, small political community
where people can get together on a regular basis (e.g. in a town hall) to discuss and
decide important matters of common interest. 2
Representative democracy
Representative democracy, on the other hand, is characterised by the fact that the
citizens of a state elect the representatives of their choice, and these representatives
then express the will of the people. Representative democracy is created via a process
of elections which should be held at regular intervals and reasonably frequently. Note
that although direct democracy is suitable for a small community, representative
democracy is suitable for a modern state which covers a wide geographic area.3
1 Pierre De Vos and Warren Freedman (2014) South African Constitutional Law in Context 42-50.
2 Pierre De Vos and Warren Freedman (2014) South African Constitutional Law in Context 42-50.
3 The Constitution of The Republic of South Africa, 1996 42-50.
CONSTITUTIONAL
LAW
PORTFOLIO
MEMO/GUIDELINE
SEMESTER 2 –
OCTOBER/
NOVEMBER
UNISA – 2022
11 OCTOBER 2022
Disclaimer
Extreme care has been used by our Tutors to draft this document, however the contents are provided “as is” without any representations
or warranties, express or implied. This document is to be used for comparison, research and reference purposes ONLY. No part of this
document may be reproduced, resold or transmitted in any form or by any means without prior written permission from the Author. –
LLB EXAMPACKS & TUTORIALS.
PAST PAPERS & MEMOS, ASSIGNMENT MEMOS, NOTES, SUMMARIES & TUITONS.
Cell: 084 591 8661 Email:
Fax: 086 096 5452 www.llbexampacksandtutorials.co.za
, QUESTION 1
1.1 By way of examples and references to the appropriate Constitutional Law
authorities, briefly explain the different forms of democracy. (16)
There are several different conceptions or understandings of democracy that can be
identified, namely direct democracy, representative democracy, participatory
democracy and constitutional democracy. The presence of the varied conceptions of
democracy in the Constitution serves to demonstrate not only the varied
understandings of democracy, but also the centrality of democracy in defining the type
of society post-apartheid South Africa seeks to become.1
Direct democracy
Direct democracy means that all major political decisions are taken by the people
themselves. This form of democracy may work in a different, small political community
where people can get together on a regular basis (e.g. in a town hall) to discuss and
decide important matters of common interest. 2
Representative democracy
Representative democracy, on the other hand, is characterised by the fact that the
citizens of a state elect the representatives of their choice, and these representatives
then express the will of the people. Representative democracy is created via a process
of elections which should be held at regular intervals and reasonably frequently. Note
that although direct democracy is suitable for a small community, representative
democracy is suitable for a modern state which covers a wide geographic area.3
1 Pierre De Vos and Warren Freedman (2014) South African Constitutional Law in Context 42-50.
2 Pierre De Vos and Warren Freedman (2014) South African Constitutional Law in Context 42-50.
3 The Constitution of The Republic of South Africa, 1996 42-50.
