The law and custom of the South African constitution

a treatise on the constitutional and administrative law of the Union of South Africa, the mandated territory of Southwest Africa and the South African crown territories
  • 640 Pages
  • 0.94 MB
  • 407 Downloads
  • English
by
Oxford University Press, H. Milford , London
Constitutional law -- South Africa, Administrative law -- South A

Places

South Af

Statementby W.P.M. Kennedy ... and H.J. Schlosberg ...
ContributionsMay, Henry John, joint author.
Classifications
LC ClassificationsLAW
The Physical Object
Paginationxxxix, 640 p.
ID Numbers
Open LibraryOL6331882M
LC Control Number36000150
OCLC/WorldCa1025140

Get this from a library. The law and custom of the South African constitution: a treatise on the constitutional and administrative law of the Union of South Africa, the mandated territory of Southwest Africa and the South African crown territories.

[W P M Kennedy; Henry John May]. South African Constitutional Law in Context offers a comprehensive, clear, and concise introduction to the study of South African constitutional law. 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.

Customary Law Bibliography. The Development of Customary Law and Constitutional Reform. Barrie, GN ‘Ubuntu Ungamtu Ngabaye Abantu: The Recognition of Minority Rights in the South African Constitution’ () SALJ Inthe Rule of Law Project and the Free Market Foundation published The Constitution and the Rule of Law: An Introduction by the FMF’s Head of Legal (Policy and Research), Martin van Staden LL.B.

DOWNLOAD THE BOOK HERE. Additional Physical Format: Online version: May, Henry John. South African Constitution. Capetown: Juta, (OCoLC) Document Type: Book: All Authors. This entry about Constitution of the Republic of South Africa has been published under the terms of the Creative Commons Attribution (CC BY ) licence, which permits unrestricted use and reproduction, provided the author or authors of the Constitution of the Republic of South Africa entry and the Encyclopedia of Law are in each case.

The South African Bill of Rights is outward-looking and requires practitioners to The law and custom of the South African constitution book to comparative jurisprudence.

The judgments of the Constitutional Court abound with references to cases from such diverse legal systems as those of the United States of America, Canada, India, Germany, and the European Court of Human Rights.

the Constitution of the Republic of South Africa SA Publiekreg/Public Law 12(1)–65 at ; Dupper, O () In defence of a rmative action South African Law Journal (1)–; Dupper.

The Law of Contract in South Africa provides a rich source of expertise and a lively and approachable introduction to the principles of contract law. Integrating the common law, statutory law, and constitutional perspectives, the text provides all of the essential material.

statutes and the various articles published in the law Journals The following books are recommended for further reading 1. The Law of South Africa – First Reissue, 32 Indigenous Law, Lexis Nexis Butterworths ().

RB Mqeke Customary Law and The New Millenium, Lovedale Press (). TW Bennett Customary Law in South Africa Juta () 4. Historical Foundations of South African Law (HFL) deals with the external and internal history of South African law. It provides an overview of the sources and factors that have contributed directly or indirectly to the development of the South African legal system against the backdrop of the Constitution of the Republic of South Africa, the Constitution, whether it is a Customary law or a law that parliament makes.

The South African Constitution of is a document that consists of 14 chapters. It says how the government should rule the country and it includes a Bill of Rights. Explores the conflict between the African legal tradition and human rights. African customary law, under the Constitution, enjoys equal standing with commmon law.

Partial contents: Customary marriage ; property rights ; traditional leaders ; women in customary law ; restitution ; self determination. Republic of South Africa 1. 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.

Details The law and custom of the South African constitution FB2

(b) Non-racialism and non-sexism. (c) Supremacy of the constitution and the rule of law. The Constitution and the Rule of Law: An Introduction also explores how a strict application of the Rule of Law doctrine could solve some of South Africa’s most pressing problems.

The Rule of Law and its implications for South Africa’s ailing education system, the scourge of corruption, and the State’s affirmative action policies are only.

SOUTH AFRICAN CONSTITUTIONAL LAW NOTES ON SOUTH AFRICAN CONSTITUTIONAL LAW [Contribiuted by PROFESSOR ELLISON KAHN.] THE LEGISLATURE. The "Entrenched Sections " of the South Africa Act and the Coloured Vote.-The most important constitutional change in the past year has been the passing of the Separate Representation of Voters Act, No.

46 of. the recent interaction between African custom and colonial rule. In Alexkor Limited v. Richtersveld Community, the Constitutional Court of South Africa observed that "although a number of text books exist and there is a considerable body of precedent, courts today have to bear in.

African customary law, the personal law of the majority of South Africans, gained equal status with common law for the first time with the introduction of the Constitution. This book explores. Constitution of the Republic of South Africa. English version per Chapter. To obtain a harcopy of the Constitution, please contact one of the following officials listed on the Contacts page.

All the files are in PDF format. Content & Preamble; Chapter 1: Founding Provisions ; Chapter 2: Bill of Rights; Chapter 3: Co-operative Government; Chapter 4: Parliament. South African customary law refers to a usually uncodified legal system developed and practised by the indigenous communities of South Africa.

Customary law has been defined as. an established system of immemorial rules evolved from the way of life and natural wants of the people, the general context of which was a matter of common knowledge, coupled with precedents applying to special cases. 1 Republic of 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. The full text of the Constitution, with an entrenched Bill of Rights at its heart, is reproduced in this book.

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An introduction places the Act in context. Some pertinent facts about the country and its population are supplied, as well as contact details for those wishing to visit Parliament or the Constitutional Court. Sources of South African Law.

South Africa's law is sourced from (1) statutory law made by the legislative body (the most important of which is of course the Constitution), (2) common law (this includes the Roman-Dutch 'old authorities' and judicial precedent gleaned from case law), (3) African customary law, and (4) foreign and international law.

Constitution of the Republic of South Africa, (eBook) ISBN R Mineral and Petroleum Law of South Africa: Commentary and St ISBN You must be an Education Provider to purchase this book. By clicking "Add to. South African constitution.

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South African constitution is a chapter on the importance of an inviolable canon taken from a A Family Affair, by Bernard Preston. Santie Veenstra, now professor of law at Gauteng University, speaks out the value of a constitution enshrined. The right to education is enshrined in the Bill of Rights chapter of the South African Constitution, which states that.

Everyone has the right ­ a. to a basic education, including adult basic education; and; b. to further education, which the state, through reasonable measures, must make progressively available and accessible. STATUTES OF T€E &PUBLIC OF SOUTH AFRICA-CONSTITUTIONAL LAW Constitution of the Republic of South Africa Act, SS.

8 - 12 No. of SS. 8 - 12 (2) A provision of the Bill of Rights binds a natural or a juristic person if, and to the extent that, it is applicable, taking into account the nature of the right and the nature of any.

The South African Constitution incorporated customary law into the South African legal system. The ensuing legislative tensions between customary law, the Constitution, and the Bill of Rights gave rise to concerns regarding the protection of women’s rights. Republic of 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. The sources of law (where the law comes from) in South Africa are: • The Constitution • Statute law • Common law • Customary law • Court decisions. The Constitution The Constitution is the supreme (highest) law of South Africa.

All laws and State actions must be in line with the Constitution. Our Constitution tell us how the State is. About different series of law reports are held (of which 15 are South African).

This is a sound core collection, but needs to be substantially enlarged. Law reviews and journals. The library subscribes to more than law journals and law reviews, of which 23 are South African. But a world-class library requires more. Continuations.Although customary law and indigenous law are used as synonyms in South African law, the first is preferred, since it is also the expression used in the Constitution of the Republic of South Africa, (hereinafter “the Constitution”).

3. This statement is controversial, since the history books show us that the original inhabitants were.The Constitution of the Republic of South Africa,was approved by the Constitutional Court (CC) on 4 December and took effect on 4 February The Constitution is the supreme law of the land.

No other law or government action can supersede the provisions of the Constitution.