It sets out the rights and duties of the citizens and the government. Africa journal of comparative constitutional law print isbn 25195603. The south african constitution of 1996 is a document that consists of 14 chapters. Cheryl saunders professor of law, university of melbourne. The constitution forms the basis of a democratic nation and the legal foundation for the existence of the republic of south africa. Access study documents, get answers to your study questions, and connect with real tutors for law csl2601. Study unit 1 introduction to south african law medium. South african common and customary law of intestate.
The constitutional assembly was constituted with the task of drawing up a constitution to represent the interests and needs of all the people of south africa. In a modern state like south africa, everyone should have a basic idea of the institutional character of the state so that they can approach the correct body functionary with any grievances relating to the way in which they are being governed. Pdf the constitutional court of south africa researchgate. Constitution of the republic of south africa,1996 centre for. Constitutional law of south africa is an invaluable reference work on the law and.
Following the constitutional court of south africas ccsa ruling in the case of zimbabwe v fick and others the fick case, it is now in doubt whether south africa adheres to the restrictive. Jan 01, 2003 read south africa, international journal of constitutional law on deepdyve, the largest online rental service for scholarly research with thousands of academic publications available at your fingertips. Pdf constitutional reforms and constitutionalism in africa. It provides the legal foundation for the existence of the republic, sets out the rights and duties of its citizens, and defines the structure of the government. Economic freedom fighters applicant and speaker of the national assembly first respondent president jacob gedleyihlekisa zuma second respondent public protector third respondent and in the matter of. News, case law and analyses which examine constitutional law, civil rights and human rights.
All laws of south africa must conform with the constitution. A must read not only for law students but also political science students i guess but also anyone interested in these issues and how the constitution really works and how it is best applied as far as the above topics are concerned. Constitutional law tells you what each of these state organs do and how they are allowed to do it. The bill of rights, section 2 of the south african. Part i overview, 1 the evolution of modern african constitutions.
South african constitutional law is the area of south african law relating to the interpretation and application of the constitution of the republic of south africa by the countrys courts. Assessing the performance of the south african constitution. South africas international obligations are therefore of key importance, both on the international and domestic planes. I shall conclude the discussion with a few remarks on the influence of the common and constitutional law on customary law with a view to the future of customary law of succession in its current form in a mixed legal system such as that of south africa. Africa and affirms the democratic values of human dignity, equality and freedom. Head, comparative african constitutional law unit, institute for international an. John lockes model of the separation of powers who is one of the propagators of this principle, the legislative and executive powers are to be separated. Rs3, 0511, ch17p2 substantive limits6 on parliaments powers to make laws in addition to the implicit limits7 that flow from the aforementioned relationships and principles. International journal of constitutional law, volume 5, issue 3, july 2007. South africas constitution of 1996 with amendments through 2012.
Speech the constitutional court of south africa johann kriegler address to cornell university law students on october 25, 2002. The following seven key policy recommendations emerged from the two public dialogues. Build a united and democratic south africa able to take its rightful place as a. South africa, the southernmost country on the african continent, renowned for its. It is not as if there was no citizenship in south africa before 1994 and the coming into effect of the interim constitution.
Constitutional law study notes law csl2601 unisa studocu. Constitutional interpretation under the new south african order adrians janet hofmeyr a dissertation submitted to the faculty of law, university of the witwatersrand, johannesburg, in fulfilment of the requirements for the degree of master of laws johannesburg, 1998. Jan 01, 2003 freedom of religionreligiously motivated use of cannabissouth african constitutional court holds that laws that ban the use of cannabis without an exemption for religious use violate freedom of religion of rastafari, but these violations are justifiable under the general constitutional limitation clause. Constitutional law constitution of the republic of south africa, 1996 manner of reference to act, previously constitution of the republic of south africa, act 108 of 1996, substituted by s. The constitutional court of south africa cornell law school. The constitution of the republic of south africa, 1996 law mag. Constitutional law and civil rights in south africa golegal. The republic of south africa is one, sovereign, democratic state founded on the following values. In the case of south africa, the offices of the prime minister and president were merged by the 1983 constitution. Chapter 11 the rule of law, legality and the supremacy of. Pdf constitutional law of south africa, 2nd edition.
The current constitution, the countrys fifth, was drawn up by the parliament elected in 1994 in. Constitutional history of south africa constitutionnet. South africa, international journal of constitutional law. Having said that, doing this is a very distant reality for. In the first instance, the note provides an overview of the masethla case. However, it has sometimes been described as a power map,4. For the first time south africa could call itself a democracy because everyone who was a citizen of south africa could vote in the elections. South africa international journal of constitutional law. This has however significantly changed since the socalled third wave of. The bill of rights is a commentary work available in print looseleaf and online. The first unit of study for business law 101 is an introduction to the subject.
Pdf since its establishment in 1994, the south african constitutional court. Constitutional law of south africa 2nd edition, os, june 2008 chapter 12. The 1st respondent is the standard bank of south africa limited, with registration number 196200073806, a limited liability company duly registered and incorporated in accordance with the company laws companies act no. It says how the government should rule the country and it includes a bill of rights.
In circumstances where police officers are entitled to summarily arrest. Pdf this contribution introduces and considers modes of reasoning that. Human rights our constitution also has a bill of rights. Christina murray, faculty of law, university of cape town, south africa, and. African constitutions african studies centre leiden. Comprehensive, current and reliable, it is an asset to scholars around the world with an interest in south african constitutional law. Pdf sample chapter from south african constitutional. It is trite that south africa s two consecutive constitutions4 have introduced a new constitutional dispensation based on the supremacy of the constitution,5 the rule of law6 and a bill of rights. In light of these constitutional provisions, the guidance, observations and recommendations made by relevant treaty bodies, and notably through the process of the upr, are critical in understanding the ambit of south. In south africa, the present constitution is the hallmark of a constitutional. Pdf on aug 1, 2011, charles manga fombad and others published constitutional reforms and constitutionalism in africa. The entrance to south africas constitutional court flickr africa deluxe. May 17, 2016 study unit 1 introduction to south african law. Constitutional democracy and the rule of law in south africa.
This is a list of the basic rights that all people in south africa have as human beings. A collection of texts related to past and present constitutions of south africa. In order to understand the role and functioning of the south african con. Download the constitution of the republic of south africa rules and notices convention on the prohibition of the. The principle of democracy in south african constitutional law. In its stead, a republic a south africa was established. Constitutional documents of south africa wikisource. Pdf the south african constitutional courts use of foreign. To introduce a new constitution for the republic of south africa and to. The south african bill of rights is outwardlooking and requires practitioners to refer to comparative jurisprudence. Constitutional court of south africa cases cct 14315 and cct 17115 in the matter of. It is a system of governance that we the people consciously and purposefully opted for to create a truly free, just and united nation.
It provides the legal foundation for the existence of the republic, it sets out the rights and duties of its citizens, and defines the structure of the government. Sample chapter from south african constitutional law in context published by oxford university press, 2014. The constitution of south africa is the supreme law of the country of south africa. Rights interpretation and comparative constitutional law hoyt webbi do hereby swear that i will in my capacity as judge of the constitutional court of the republic of south africa uphold and protect the constitution of the republic and the fundamental rights entrenched. At the same time, there are countries, like south africa, where the president is in effect like the prime minister in that he or she is the leader of the political party having the largest number of seats in the legislature. Perspectives on the law of partnership in south africa eboo. Jun 01, 2008 constitutional law of south africa stuart woolman on. In 1960, following the drafting of a new constitution, south africas white voters voted in a constitutional referendum to abolish the union of south africa created by the south africa act of 1909. This article evaluates the claim that working conditions for farm workers and domestic workers in south africa can be analysed in terms of the constitutional prohibition against servitude. The constitution of south africa is the supreme law of the republic of south africa. Constitutional citizenship in south africa international. Constitutional law of south africa is an invaluable reference work on the law and practice of this distinctive and important constitutional system. Available for download immediately via vitalsource ebook app download for full offline perpetual access and one year online access. Nov 27, 2015 two public dialogues were hosted in cape town on 15 june 2015 on democracy and the rule of law in south africa, and on 8 september 2015, on the question.
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