Page 832 - SUBSEC October 2017_Neat

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24. The Broadcasting Authority, a public 27. The head of state refuses to appoint a
body, decides to indict its finance manager Senator, nominated by the prime minister.
on charges of corruption. Which of the He argues that the people, in a general
following rules should the authority election, rejected this individual. The
observe if the dismissal is to be deemed decision of the head of state is
lawful?
(A) ultra vires
I. Give reasons for the decision. (B) unchallengeable in law
II. Consider the manager’s ability to (C) contrary to natural justice
get another job. (D) violative of the separation of
III. Ensure that the cause is judged by powers
independent persons.

(A) I and II only 28. Which of the following is NOT a ground
(B) I and III only for judicial review?
(C) II and III only
(D) I, II and III (A) A breach of a defendant’s right to
a fair hearing
25. The police, acting on a tip, takes Cain (B) Delegate has wrongfully delegated
into custody and forces him to make a a power given to him
confession. Cain requests the presence of (C) Defendant is dissatisfied with a
an attorney but his request is denied. custodial sentence imposed on
him by a judge
The police infringes Cain’s fundamental (D) Magistrate imposes a sentence that
right to exceeds the provision for the
offence in the statute
(A) protection of the law
(B) freedom of expression
(C) freedom of association 29. The fire service has, for the past 20 years,
(D) freedom of conscience given study leave to junior officers to
pursue an associate degree. Alex, a fire
26. Bert feels correctly that he has been officer, applies for study leave to pursue an
dismissed because of his religious associate degree but is refused by the chief
persuasion. He decides to bring an action fire officer.
against his former employers for breach
of his constitutional rights. Bringing this On what grounds may Alex challenge this
action is decision?

(A) not in Bert’s favour because there (A) Illegality
is no constitutional right to a job (B) Irrationality
(B) not in Bert’s favour because his (C) Breach of natural justice
constitutional rights depend on (D) Breach of legitimate expectation
the state action doctrine
(C) in Bert’s favour because his
constitutional right to freedom
of religion has been infringed
(D) in Bert’s favour because his
constitutional right to freedom
from decimation has been
infringed

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02131010 CAPE/SPEC 2017