Towards a south african constitution wiley online library. No other law or government action can supersede the provisions of the constitution. South africas constitution of 1996 with amendments. South africa has a hybrid or mixed legal system, formed by the interweaving of a number of distinct legal traditions. Situated within a framework of historical, political, social and economic context, the text invites readers to discover the meaning, operation and effects of the south african constitution, and to understand its critical importance and potential. Constitution of south africa act, 200 of 1993, and are consequently invalid and of no fo rce and effect is referred to the constitutional court for determination, in terms of section 1021 of the constitution. The constitution of the republic of south africa south. Constitutional law of south africa is the most widely cited treatise, domestically and internationally, on south african constitutional law. Apartheid, constitutional principles, constitutionalism, expropriation. South africa history, capital, flag, map, population. South african constitutional courts embrace of socioeconomic. Comparative constitutions project, and distributed on.
Speed up your checkout, save your information for future purchases and receive exclusive discounts by registering a secure online account. Secondly they inform the international community of south africas commitment to international law. Of particular interest is the way in which so many branches of law have been infused by basic constitutional values. Udofa department of public law, faculty of law university of uyo, uyo, akwa ibom state, nigeria abstract section 391 of the 1999 constitution of nigeria guarantees freedom of expression as a fundamental right. It is in this context that concerns over the rule of law extend beyond. Critical debate over south africas postcolonial legal order has. Creating the birth certificate of a new south africa copyright by. The constitutional assembly subsequentlyamended the text, and the constitutional court certified the amended text as being in compliance with the constitutional principles certification of the amended text of the constitution of the republic of south africa, 19961997 1 bclr 1 cc. South african common and customary law of intestate.
Perspectives on the law of partnership in south africa eboo. The constitution is the supreme highest law of south africa. Constitutional documents of south africa wikisource. In the first instance, the note provides an overview of the masethla case. South africa, the southernmost country on the african continent, renowned for its varied topography, great natural beauty, and cultural diversity, all of which have made the country a favored destination for travelers since the legal ending of apartheid afrikaans. All laws and state actions must be in line with the constitution.
Constitution of the republic of south africa manner of reference to the act, previously constitution of the republic of south africa, act 108 of 1996, substituted by s. Challenging constitutionalism in postapartheid south africa. As south africa celebrates 20 years of constitutionalism, it is timely to examine critically the south african constitutional courts approach to one of the central pillars in pursuit of a nonracial and nonsexist south africa. Equality constitutional adjudication in south africa. The struggle for the rule of law in south africa digitalcommons. Klug, heinz, towards a sociology of constitutional transformation. Available for download immediately via vitalsource ebook app download for full offline perpetual access and one year online access. Constitutional court of south africa case cct 1100 the government of the republic. Stu is the creator, the editorinchief and primary author of the 5 volume treatise, constitutional law of south africa 2nd edition, 2008, revised 20 and the foundingmanaging editor of. Right to freedom of expression and the law of defamation in nigeria imo j.
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. The south african constitution of 1996 is a document that consists of 14 chapters. University of south africa muckleneuk, pretoria adl26011201120 98638114 3b2 adl style. Constitutional ropes of sand or justiciable guarantees social. Constitutional law of sa revision service 3, 1998 11. Our constitution tell us how the state is organised. Welcome, this libguide is designed specifically for you, so that you can find constitutional law resources with ease. South african constitutional law in context offers a comprehensive, clear, and concise introduction to the study of south african constitutional law. 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. Functions of south african human rights commission.
The constitution of the republic of south africa the constitution is the supreme law of the land. The south african legal system has not only developed fascinating mixtures of civil law and common law rules over more than a century, but has also experienced a postapartheid south africa. Study unit 1 introduction to south african law medium. 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. Constitution of the republic of south africa act 200 of 1993 the interim constitution, with. They were consistently seeking guidance from foreign high. Understanding south africas postapartheid constitutional order february 8, 2016. Constitutional law study notes law csl2601 unisa studocu. It says how the government should rule the country and it includes a bill of rights. 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.
Constitutional law of south africa is an invaluable reference work on the law and practice of this distinctive and important constitutional system. Pdf on jan 1, 2008, stu woolman and others published education. South african bill of rights bill of rightschapter 2 of the constitution of the republic of south africa the bill of rights is a cornerstone of democracy in south africa. 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. South africas constitution of 1996 with amendments through 2012. Stellenbosch handbooks in african constitutional law. The agreed m aterial facts relevant to such determ ination are those set out in annexure x hereto. Juta 2007 has quickly come to be regarded as the baxter of the constitutional era, cited frequently in the courts, and leading the way in the development of concepts key to the success of this. Constitutional law of south africa second edition 5. The most important constitutional change in the past year has been the passing of the separate representation of voters act, no.
Pdf education constitutional law of south africa researchgate. Senior lecturer, faculty of law, rhodes university, south africa r. Comprehensive, current and reliable, it is an asset to scholars around the world with an interest in south african constitutional law. South africas promotion of access to information act jstor.
Towards a sociology of constitutional transformation. Constitutional law of south africa 2nd edition, os, june 2008 chapter 12. Introduction to the law of south africa introduction to. Honour those who suffered for justice and freedom in our land. 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. University of south africa muckleneuk, pretoria csl2601120122016 98754971 lmllawstyle. The constitution of the republic of south africa, 1996, is the most important source of law and under our system of constitutional supremacy. Romandutch law, the system of law produced by the fusion of early modern dutch law, chiefly of germanic origin, and roman, or civil, law. Perspectives on the law of partnership in south africa onli. Jacob gedleyihlekisa zuma applicant and the national director of public prosecutions respondent and in the matter of an application for leave to appeal. The constitutional court of south africa combines almost all of the above attributes. Statutes of the republic of south africaconstitutional law constitution of the republic of south afiica act, ss. South africa has had a fundamental impact on the traditional understanding of the relationship between statute law and common law. Oxford university press south african constitutional.
The constitution of south africa is the supreme law of the republic of south africa. Constitutional law of south africa stuart woolman on. The current constitution, the countrys fifth, was drawn up by the parliament elected in 1994 in the south african general election, 1994. S liebenberg and b goldblatt the interrelationship between equality and socioeconomic rights under south africas transformative constitution 2007 23 sajhr 335 361 5. Contents study unit page preface iv learning strategies xi 1 sources of constitutional law 1 2 birth of the constitution of the republic of south africa, 1996 10 3 concepts of constitutional law 19.
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