Our Constitution is the most important – or supreme – law of the land. No other law may conflict with it; nor may the Government do anything that violates it. In a constitutional democracy such as ours, the Constitution is superior to Parliament and is the yardstick by which all other laws are judged.
What is the main law of South Africa?
The Republic of South Africa is a constitutional state, with a supreme Constitution and a Bill of Rights. All laws must be consistent with the Constitution. South Africa has a mixed legal system – a hybrid of Roman Dutch civilian law, English common law, customary law and religious personal law.
What is the most important law in the Constitution?
Article V contains the procedure for amending the Constitution. Article VI addresses debts, establishes the Constitution as the highest law (known as the Supremacy Clause) and mandates that officers of all branches of government, federal and state, take an oath to uphold the Constitution.
What are the two main sources of law in South Africa?
South African law has more than one source: Legislation. Case Law (court decisions) Common Law.
What are the 3 main sources of law?
The three sources of law are constitutional, statutory, and case law. The sources of law are ranked as follows: first, constitutional; second, statutory; and third, case law.
Who makes the law in SA?
Parliament is the national legislature (law-making body) of South Africa. As such, one of its major functions is to pass new laws, to amend existing laws, and to repeal or abolish (cancel) old laws.
What are the 5 sources of South African law?
As South African Law has many sources ie. Common law, legislation or statutes, judicial precedent (court decisions), indigenous law, custom and legal academic writings, it is of practical importance for lawyers to be aware of these different sources which provide the key to the content of the law.
What are the 5 rights in the Constitution?
So based on the Constitution, here are the five basic rights granted to every US citizen.
- Right to Freedom of Speech and Expression. …
- Right to a Fair Trial. …
- Right to Free and Unperturbed Media. …
- Right to Vote Freely in Public and Open Elections. …
- Right to Worship Religion in a Free Setting. …
- Right To Live Permanently In The US.
What are the 10 constitutional rights?
Bill of Rights – The Really Brief Version
|1||Freedom of religion, speech, press, assembly, and petition.|
|7||Right of trial by jury in civil cases.|
|8||Freedom from excessive bail, cruel and unusual punishments.|
|9||Other rights of the people.|
|10||Powers reserved to the states.|
What are the basic rule of constitution?
The basic rules are:
(i) The rules should lay down how the rulers are to be chosen in future. (ii) These rules should also determine what the elected governments are empowered to do and what they cannot do. (iii) These rules should decide the rights of the citizens.
What is the function of law in South Africa?
The law is a system of rules that determines how people must behave in a community. These rules are made, applied, and enforced by the Government. If these rules are not followed, it will result in a sanction (punishment or penalty). One could say that the purpose of the law is to bring about peace and order.
Does common law exist in South Africa?
There is no common law marriage in South Africa and the duration that couples spend living together does not mean that a marriage came into existence.
What is private law in South Africa?
Private Law is the law that deals with relationships between individuals and includes, amongst many other areas of law, African Customary Law; Law of Delict, Law of Contract and Law of Property; as well as Law of Persons and Family.
What are the 4 types of law?
Law is divided into four broad categories. These types of law are tort law, contract law, property law and criminal law.
What are 5 sources of law?
The primary sources of law in the United States are the United States Constitution, state constitutions, federal and state statutes, common law, case law, and administrative law.
What are the six sources of law?
There are six basic sources of law in the US.
The sources are listed below:
- US Constitution. Constitutional law governs the interpretation of the US Constitution and its statutes.
- Federal Statutes. …
- Common Law. …
- Regulations of Federal Agencies. …
- International Treaties. …
- State Laws.