With the elimination of the apartheid system, South Africa now confronts the transition to a rights-based legal system in a constitutional democracy. ███
Intro topic ·South Africa's transition to a rights-based legal system
Concern ·New system is less rule-bound, and more interpretative
A constitutional court will hear arguments on whether laws passed by p arliament are constitutional. This has never happened in South Africa before, so there is uncertainty.
Elaborate on concern ·May be difficult to foster rights-based culture
Society is multiracial, with a wide range of political beliefs. The constitution's bill of rights is described very generally, and there's no legal precedent to help determine its meaning.
Use of international law ·Can look to other countries' legal precedent, but need to be careful
Some scholars think that SA judges might blindly follow other countries' interpretations of their own constitutions. But, scholars are optimistic that SA judges will develop their own precedent over time.
Additional source of difficulty ·SA citizens suspicious of law
Law in SA has traditionally been tool of oppression, so citizens break and oppose laws.
Passage Style
Problem-analysis
Single position
24.
According to the passage, under ███ █████████ ██████ ███ ███████ ██ ██████ ████ █████████ ████████████ ██
Question Type
Stated
The author tells us that parliament sometimes counteracted judges under the apartheid system.
a
decisions rendered in ██████████████ █████
The author tells us that parliament sometimes counteracted judges under the apartheid system. There was no constitutional court under the apartheid system.
1%
b
challenges from concerned ████████
The author tells us that parliament sometimes counteracted judges under the apartheid system. Concerned citizens aren’t mentioned as something that counteracted judges’ rulings under the apartheid system. (Citizens can now challenge under the new system.)
2%
c
new laws passed ██ ███ ██████████
Supported. The author tells us that parliament sometimes counteracted judges under the apartheid system by passing new laws.
95%
d
provisions in the ██████████████ ████ ██ ██████
The author tells us that parliament sometimes counteracted judges under the apartheid system. There was no bill of rights under the apartheid system.
1%
e
other judges with █ ████ ██████████ ████████ ██ ███ ███
The author tells us that parliament sometimes counteracted judges under the apartheid system. Other judges aren’t mentioned as something that sometimes counteracted judges’ ruling under the apartheid system.
1%
Difficulty
95% of people who answer get this correct
This is a slightly challenging question.
It is slightly harder than the average question in this passage.
CURVE
Score of students with a 50% chance of getting this right
25%131
139
75%146
Analysis
Stated
Stated
Stems asking us to identify an idea that appears explicitly in the passage (as opposed to ideas that are merely implied).
Passages that present a particular problem and then discuss the implications of that problem. They also often explore one or more solutions to that problem (although they don’t have to).
