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 constitutional law in South Africa?
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 country’s courts. All laws of South Africa must conform with the Constitution; any laws inconsistent with the Constitution have no force or effect.
Why is the Constitution considered the supreme law in South Africa?
The Constitution of South Africa is the supreme law of the Republic of South Africa. 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.
What is the supreme source of law?
The United States Constitution is the preeminent source of law in the American legal system. All other statutes, court opinions and regulations must comply with its requirements. Each state also has its own constitution.
Is the Constitution of South Africa of 1996 a supreme law of the country?
The Constitution of the Republic of South Africa, 1996, was approved by the Constitutional Court (CC) on 4 December 1996 and took effect on 4 February 1997. The Constitution is the supreme law of the land. No other law or government action can supersede the provisions of the Constitution.
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.
Which law is the highest law in South Africa?
The Constitution is the supreme law
South Africa is a constitutional democracy. This means the Constitution is the highest law of the land. Parliament cannot pass a law which goes against the Constitution.
Why the Bill of Rights is important for South Africa?
(1) This Bill of Rights is a cornerstone of democracy in South Africa. It enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom. (2) The state must respect, protect, promote and fulfil the rights in the Bill of Rights.
What is the aim of Constitution?
Objectives of the Indian Constitution
The Constitution is the supreme law and it helps to maintain integrity in the society and to promote unity among the citizens to build a great nation. The main objective of the Indian Constitution is to promote harmony throughout the nation.
What are the democratic principles in South Africa?
The Republic of South Africa is one, sovereign, democratic state founded on the following values: (a) Human dignity, the achievement of equality and the advancement of human rights and freedoms. (b) Non-racialism and non-sexism. (c) Supremacy of the constitution and the rule of law.
What are the 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 is the oldest source of law?
Customs is considered to be the oldest source of law. In ancient times, there were no codified laws to regulate society. Instead, there existed customs which comprised of acts which have been done so repeatedly that they are spontaneously followed by all.
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 four basic principles of democracy?
According to American political scientist Larry Diamond, democracy consists of four key elements: a political system for choosing and replacing the government through free and fair elections; the active participation of the people, as citizens, in politics and civic life; protection of the human rights of all citizens; …
What are the 5 constitutional rights?
Scholars consider the Fifth Amendment as capable of breaking down into the following five distinct constitutional rights: 1) right to indictment by the grand jury before any criminal charges for felonious crimes, 2) a prohibition on double jeopardy, 3) a right against forced self-incrimination, 4) a guarantee that all …
What rights do South African citizens have?
Rights
- Equality.
- Human dignity.
- Life.
- Freedom and security of the person.
- Slavery, servitude and forced labour.
- Privacy.
- Freedom of religion, belief and opinion.
- Freedom of expression.