Scribd Logo
Upload

Welcome to Scribd!

  • 55 views

    Topic: 3: Sources of Law Part One: Introduction and The Constitution

    Uploaded by

    Rams Thamage
    This document discusses the key sources of law in South Africa. It begins by defining what sources are, distinguishing between primary and secondary sources. It then explains that South Africa does not have a codified legal system, and that the sources of law in SA include the Constitution, legislation, judicial precedent, common law, customary law, and modern authors. It elaborates on the Constitution as the highest law in the country. It describes the Bill of Rights and how the Constitution impacts other sources. It also explains how the 1996 Constitution differs from previous constitutions. The document further discusses the branches and levels of government, distinguishing between the legislature, executive, and judiciary at the national, provincial, and local levels.

    Copyright:

    © All Rights Reserved
    Download as PPT, PDF, TXT or read online from Scribd

    Topic: 3: Sources of Law Part One: Introduction and The Constitution

    Uploaded by

    Rams Thamage
    55 views19 pages
    This document discusses the key sources of law in South Africa. It begins by defining what sources are, distinguishing between primary and secondary sources. It then explains that South Africa does not have a codified legal system, and that the sources of law in SA include the Constitution, legislation, judicial precedent, common law, customary law, and modern authors. It elaborates on the Constitution as the highest law in the country. It describes the Bill of Rights and how the Constitution impacts other sources. It also explains how the 1996 Constitution differs from previous constitutions. The document further discusses the branches and levels of government, distinguishing between the legislature, executive, and judiciary at the national, provincial, and local levels.

    Original Description:

    description of Sources of law

    Original Title

    sources of law

    Copyright

    © © All Rights Reserved

    Available Formats

    PPT, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    This document discusses the key sources of law in South Africa. It begins by defining what sources are, distinguishing between primary and secondary sources. It then explains that South Africa does not have a codified legal system, and that the sources of law in SA include the Constitution, legislation, judicial precedent, common law, customary law, and modern authors. It elaborates on the Constitution as the highest law in the country. It describes the Bill of Rights and how the Constitution impacts other sources. It also explains how the 1996 Constitution differs from previous constitutions. The document further discusses the branches and levels of government, distinguishing between the legislature, executive, and judiciary at the national, provincial, and local levels.

    Copyright:

    © All Rights Reserved
    Download as PPT, PDF, TXT or read online from Scribd
    Download as ppt, pdf, or txt
    55 views19 pages

    Topic: 3: Sources of Law Part One: Introduction and The Constitution

    Uploaded by

    Rams Thamage
    This document discusses the key sources of law in South Africa. It begins by defining what sources are, distinguishing between primary and secondary sources. It then explains that South Africa does not have a codified legal system, and that the sources of law in SA include the Constitution, legislation, judicial precedent, common law, customary law, and modern authors. It elaborates on the Constitution as the highest law in the country. It describes the Bill of Rights and how the Constitution impacts other sources. It also explains how the 1996 Constitution differs from previous constitutions. The document further discusses the branches and levels of government, distinguishing between the legislature, executive, and judiciary at the national, provincial, and local levels.

    Copyright:

    © All Rights Reserved
    Download as PPT, PDF, TXT or read online from Scribd
    Download as ppt, pdf, or txt
    You are on page 1of 19

    TOPIC: 3

    SOURCES OF LAW
    PART ONE:
    Introduction and the
    Constitution
    SOURCES OF LAW

    1. INTRODUCTION

    Question: What are SOURCES?

    Two meanings:
    Place where it originates from (origin)

    Place where it can be found (location)

    2
    Two types:

    Primary Sources
    Legislation
    Case law
    Common law
    Customary Law
    Custom
    Secondary Sources
    Journal articles
    Textbooks
    Electronic medium

    3
    Question: What is a CODIFIED LEGAL SYSTEM?

    Has one main source of law i.e. the code (written


    law)

    UNCODIFIED Legal System in SA  WHY?

    • SA HAS MORE THAN ONE MAIN SOURCE

    • SA does not just have written law as a source of law

    4
    The sources of SA law are thus:

    • The Constitution

    • Legislation

    • Judicial Precedent

    • Common Law

    • Custom and Customary Law

    • Modern Authors

    5
    What is the importance of knowing the sources of law?

    • Where to find the law

    • How to find the law

    • Content of the law

    • Forms the AUTHORITY on which lawyers base arguments i.e. it


    strengthens the arguments


    STUDY
    RESEARCH
    PRACTICE
    LECTURE
    6
    THE CONSTITUTION
    2. THE CONSTITUTION

    • The constitution is the highest law in the country (see Section 2 of


    the constitution)

    This Constitution is the supreme law of the Republic; law or conduct


    inconsistent with it is invalid, and the obligations imposed by it
    must be fulfilled.

    PARLIAMENTARY SOVEREIGNTY

    VS
    CONSTITUTIONAL SUPREMACY 7
    Content of the constitution?

    What is the BILL OF RIGHTS?

    Impact of the constitution on other sources?

    S2 of the 1996 Constitution

    S39(2) 1996 Constitution

    Question: How does the Constitution (both the 1994 and 1996
    constitutions) differ as a source of law from previous
    constitutions that we have had?
    8
    CLASSIFICATION OF RIGHTS:

    First Generation Rights

    Second Generation Rights

    Third Generation Rights

    9
    LIMITATION OF RIGHTS

    • Rights in the bill of rights are not absolute i.e. they can be
    LIMITED.

    • RIGHTS are accompanied by corresponding DUTIES

    • Rights often conflict with each other

    • Examples?

    WHAT ARE THE CONFLICTING RIGHTS IN EACH


    EXAMPLE?

    • S36 provides for a limitation clause  all rights in the bill


    of rights can be limited if the limitation meets with the
    provisions laid down in S36.
    10
    ORGANS OF GOVERNMENT

    Also referred to as:


    Separation of Powers
    Triaspolitika
    Ex parte Chairperson of the Constitutional Assembly of the Republic of
    South Africa,21 (the First Certification case)
    ‘The principle of separation of powers, on the one hand, recognises the
    functional independence of branches of government. On the other hand,
    the principle of checks and balances focuses on the desirability of ensuring
    that the constitutional order, as a totality, prevents the branches of
    government from usurping power from one another. In this sense it
    anticipates the necessity or unavoidable intrusion of one branch on the
    terrain of another. No constitutional scheme can reflect a complete
    separation of powers …’
    11
    Distinguish between:

    Levels of government

    Branches of government

    12
    BRANCHES OF GOVERNMENT

    LEGISLATURE EXECUTIVE JUDICIARY

    13
    LEVELS OF NATIONAL

    NATIONAL

    PROVINCIAL

    LOCAL GOVERNMENT

    14
    LEVELS OF
    GOVERNMENT
    Distinctive:
    meaning that each sphere has its own unique area of operation

    Interdependent:
    meaning that the three spheres are required to co-operate and
    acknowledge each other's area of jurisdiction

    Interrelated:
    meaning that there should be a system of co-operative
    governance and intergovernmental relations among the three 15
    spheres
    Legislature  enacts national legislation

    Provincial Legislatures  enacts provincial legislation

    Municipal Councils  enacts by-laws

    National legislature (parliament) is the highest law making body in SA.

    Note: Our focus will be on national legislation

    16
    LEGISLATURE
    Parliament consists of TWO HOUSES

    National Assembly – 400 members

    National Council of Provinces – 90 members

    Functions of parliament:
    Representative function

    Legislative function

    17
    EXECUTIVE

    Cabinet + Administration
    Cabinet?

    Administration?

    Functions of the executive branch?

    18
    JUDICIARY
    • Court system

    • Levels of courts – HIERARCHY OF THE COURTS

    • Functions of the courts?

    IMPORTANT TO UNDERSTAND HOW

    THE ORGANS OF GOVERNMENT OPERATE

    IN ORDER TO FULLY UNDERSTAND SOURCES OF LAW

    NEXT LECTURE: SOURCES OF LAW - Legislation


    19

    You might also like