No other law or government action can supersede the provisions of the constitution. Constitutional law of south africa is an invaluable reference work on the law and practice of. The struggle for the rule of law in south africa digitalcommons. The preamble of the constitution reiterates south africas commitment to uphold the rule of law, and this commitment greatly depends on consistent application of the law in south africa.
Study unit 1 introduction to south african law medium. The entrenched sections of the south africa act and the coloured vote. The revision services of the second edition of constitutional law of south africa. 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. Section 9 limits on congress the migration or importation of such persons as any of the states now existing shall. The most important constitutional change in the past year has been the passing of the separate representation of voters act, no. An overview chapter 1 p5 the constitution of the republic of south africa, 1996 is the supreme law of the republic, and any law or conduct inconsistent with it is invalid.
The highest law of the land, it is widely regarded as the most progressive constitution in the world, with a bill of rights second to none. Constitutional law is a subject taught in law school where the principles enshrined in the constitution are learned. Introduction national water rights embedded in constitutional law offer hope for a systematic approach to working toward equal and sustainable water access. Alongside the right to sufficient food, health care. International law the constitution provides that the courts must consider international law. 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. Constitutional law of south africa second edition 5. 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.
It says how the government should rule the country and it includes a bill of rights. News, case law and analyses which examine constitutional law, civil rights and human rights. The relationship between national and subnational constitutions. That seventytwo sec tions of land shall be granted to the state for the erection and maintenance of a state university. Constitutional law study notes law csl2601 unisa studocu.
Constitutional law of south africa second edition 5 volume. That thirty six sections shall be granted to the state for the erection of public buildings. South africas constitution of 1996 with amendments. Constitution of the state of kansas secretary of state. Jun 01, 2008 constitutional law of south africa stuart woolman on. Towards a south african constitution wiley online library. A history of the south african constitution 19101996 the new constitution was negotiated between may 1994 and october 1996 in the countrys first democratically elected convention, the constitutional assembly. The constitution of the republic of south africa south.
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 bill of rights is outwardlooking and requires practitioners to refer to comparative jurisprudence. Caselaw search and retrieve employment case law from labour appeal court, labour. 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. Human rights our constitution also has a bill of rights. The bill of rights is the cornerstone of south africa s constitutional, multi. Secondly they inform the international community of south africa s commitment to international law. Customary law that system of law generally derived from custom, african indigenous law case law practical application of constitutional principles by our courts, our courts have full testing power making case law an authoritative source. Pdf education constitutional law of south africa researchgate. All laws of south africa must conform with the constitution. Doing business in south africa cliffe dekker hofmeyr. Subnational constitutional governance konradadenauerstiftung. This clause emphasises the importance of public international law and comparative case law in the process of constitutional interpretation. South african constitutional courts embrace of socioeconomic.
Citation of constitutional laws act, 2005 wikipedia. Oxford university press south african constitutional. Bloggs j executive government in woolman s et al eds constitutional law of south africa 2 ed service 12 618. In my country, and in the law school i went to, constitutional law is taught for t. Mar 01, 20 constitutional law of south africa is the most widely cited treatise, domestically and internationally, on south african constitutional law. 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. Africa journal of comparative constitutional law print isbn 25195603. I wish to speak conceptually about constitutional reform as a part of an essential process of constitution making in the commonwealth caribbean. Comparative constitutions project, and distributed on. Equality constitutional adjudication in south africa. 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. No law can go against the constitution, whether it is a customary law or a law that parliament makes. This complete constitution has been generated from excerpts of texts from the repository of the.
In the first instance, the note provides an overview of the masethla case. Constitutional law parliamentary sovereignty duration. 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. Click download or read online button to get the constitution of south africa book now. The constitution is the supreme highest law of south africa. The citation of constitutional laws act, 2005 act no. The constitution forms the basis of a democratic nation and the legal foundation for the existence of the republic of south africa. Germanys constitution of 1949 with amendments through 2012. Constitutional law of south africa 2nd edition, os, june 2008 chapter 12. A collection of texts related to past and present constitutions of south africa. 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. Constitution of the republic of south africa second amendment act, no. South african constitutional law notes on south african constitutional law contribiuted by professor ellison kahn.
April 29, 2015 acmeug legislation and law reform, parliament, politics and administration 0 this is a bill to amend the constitution of the republic of uganda in accordance with articles 259 and 262 of the constitution. Despite challenges to particular court decisions or to the application of apartheid era expropriation rules, it is the repeated reliance on legal challenges and the management of these challenges by the various institutions of constitutional democracy that is building constitutionalism in postapartheid south africa. Indeed, as one influential american constitutional scholar has observed, amidst the blossoming of comparative scholarship, most of the continent of africa is usually overlooked, as if it were a legal heart of darkness, as if it were a lawless world. Constitutional law tells you what each of these state organs do and how they are allowed to do it. Having said that, doing this is a very distant reality for. Citation of constitutional laws act 5 of 2005 constitution thirteenth amendment act of 2007 constitution fourteenth amendment act of 2008 constitution fifteenth amendment act of 2008 act to introduce a new constitution for the republic of south africa and to provide for matters incidental thereto. Pdf on jan 1, 2009, stu woolman and others published the constitution in. Comprehensive, current and reliable, it is an asset to scholars around the world with an interest in south african constitutional law. The title of the article must appear in sentence case, in roman, and within single inverted commas. Constitutional law of south africa is an invaluable reference work on the law and practice of this distinctive and important constitutional system.
The south african constitution of 1996 is a document that consists of 14 chapters. To introduce a new constitution for the republic of south africa and to provide for matters incidental. 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. Kaleidoscope international law and the south african. The current constitution, the countrys fifth, was drawn up by the parliament elected in 1994 in the south african general election, 1994. This is a list of the basic rights that all people in south africa have as human beings. They were consistently seeking guidance from foreign high. Professor cora hoexters administrative law in south africa cape town. 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 field of law.
South african common and customary law of intestate. Pdf on jan 1, 2008, stu woolman and others published education. Constitutional documents of south africa wikisource. Oct 23, 2016 constitutional law south africa pdf latitude. It sets out the rights and duties of the citizens and the government. The constitution of south africa download ebook pdf. The bill of rights is a commentary work available in print looseleaf and online. The south african constitution offers protection to citizens and noncitizens, and is one of few constitutions in the world that indisputably does so. May 17, 2016 study unit 1 introduction to south african law. Constitutional law refers to rights carved out in the federal and state constitutions. The majority of this body of law has developed from state and federal supreme court rulings, which interpret their respective constitutions and ensure that the laws passed by the legislature do not violate constitutional limits. Change making through constitution reform in the commonwealth. Constitutional law of south africa is the most widely cited treatise, domestically and internationally, on south african constitutional law. 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.
Simeon mcintosh professor, faculty of law, uwi, cave hill campus thank you very much. 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. To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the united states, or in any department or officer thereof. The first unit of study for business law 101 is an introduction to the subject. It also has a bill of rights list of human rights, which sets a standard for all laws. Constitutional law of south africa stuart woolman on. Senior lecturer, faculty of law, rhodes university, south africa r. South africas constitution of 1996 with amendments through 2012. The high level of activity in the courts in response to. This site is like a library, use search box in the widget to get ebook that you want.
South african constitutional law in context offers a comprehensive, clear, and concise introduction to the study of south african constitutional law. The constitution of the republic of south africa the constitution is the supreme law of the land. Development of concurrent legislation a new south african perspective. Equality constitutional adjudication in south africa anne smith lecturer, transitional justice institute, school of law, university of ulster, united kingdom summary this article focuses on the south african judiciary and, in particular, the south african constitutional courts approach to the adjudication of the. Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary. Available for download immediately via vitalsource ebook app download for full offline perpetual access and one year online access. Each instalment reflects the law as at the date month and year indicated at the bottom of each page. Jun 11, 2017 the constitution of a newly democratic south africa was promulgated by president nelson mandela in 1996.
Change making through constitution reform in the commonwealth caribbean by prof. Chapter 2 of the constitution contains the bill of rights. Its 77 chapters and 5 volumes cover every dimension of court practice standing, costs, remedies, amici, core principles that animate the basic law democracy, legality, the rule of law, cooperative governance, institutional constitutional law. Constitution of the republic of south africa act 200 of 1993 the interim constitution, with.
The situation did not change much over the years until the constitution of the republic of south africa, 1996, finally brought customary law on a par with the common law of south africa by affording it constitutional recognition, but subject to the constitution and other legislation. Oxford university press south african constitutional law. Constitutional law, fundamental rights and interpretation of statutes are crucial for a proper understanding of administrative law and ideally you should have either enrolled for or have already passed these modules although administrative law is, as has been said, presented as a semester module you. Its 77 chapters and 5 volumes cover every dimension of court practice standing, costs, remedies, amici. All laws and state actions must be in line with the constitution. Perspectives on the law of partnership in south africa eboo. Adrienne stone 2011, the comparative constitutional law of. Indexed r 1996 national education expenditure in south africa, 19962007. 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.
Our constitution tell us how the state is organised. A history of the south african constitution 19101996 south. The constitution of south africa is the supreme law of the republic of south africa. In the case of south africa, is the law living up to its ambitions. Contrary to the traditional plaintiffs of the south african common law, litigants use public litigation to rectify constitutional violations not easily definable in terms of personal, financial loss or other damages claimable at common law. Kaleidoscope international law and the south african constitution john dugard for over forty years, from 1948 to 1990, south africa was in conflict with both the international community and international law. Given the fundamental law of the republic of rwanda as amended to date, especially the arusha peace agreement in its part on powersharing in its article 41, and in its part on miscellaneous issues and final provisions in its article 22.
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