FSAL sources Flashcards
what is public international law
Public International Law (Law of Nations/Law between Nations).
International treaties – if a country signs a treaty with other countries they are bound by it. But no way of enforcing that countries sign treaties
what is private international law
Private International Law
Between individuals from different countries.
what is substantive law
Rules of law: defines rights and duties, such as crimes and punishments in the
criminal law and civil rights and responsibilities in civil law. May be created or modified through
precedent.
what is procedural law
Rules of enforcement, Comprises the rules by which a court hears and determines what happens in civil lawsuit, criminal or administrative proceedings.
what is national public law
- Vertical (between the state and its citizens).
- Constitutional Law (the Constitution; supreme law)
- Administrative law (law that governs the activities of the administrative bodies/agencies of the
government) . - Criminal law (murder etc.)
- Taxation
what is national private law
- Horizontal (between citizens of the same state)
- Contract
- Delict
- Property and succession (we know what these are now guys lols)
what is a legal subject
- Have rights and duties.
- Can legally enforce claims and can have claims legally enforced against them.
- Have legal personality (a pre requisite for legal capacity).
- Are juristic persons (recognised by law as having certain legal rights and duties. A corporation
or school can also be a juristic person).
legal object
The thing someone exercises a right over; the object of right acted upon.
- Corporeal (something tangible, something you can touch)
- Incorporeal (intangible, e.g. shares in a company, intellectual property)
legal capacity
ability to act legally (enter into contracts etc.) Depends on things such as age, mental health.
real right
(a house, car). Real rights enforceable against everyone. Everyone has a duty not to infringe on another’s real right.
personal right
against a particular person, regarding the performance of some task/obligation.
personality right
a right in personality aspects (dignity, privacy, reputation). Against the whole world.
what are primary sources of law
- Constitution
- legislation
- common law
- customary law
- customs
what are secondary sources of law
merely persuasive
- books
- law journals
- foreign law
s39 (2) of the constitution
When interpreting any legislation, and when developing the common law or customary law, every court, tribunal or forum must promote the spirit, purport and objects of the Bill of Rights. (Even if not a “constitutional issue”)
about the consitution
he current constitution, the country’s fifth, was drawn up by the Parliament elected in 1994 in the first non-racial elections. It was promulgated by President Nelson Mandela on 18th December 1996 and came into effect on 4 February 1997, replacing the Interim Constitution.
how is law made?
- Bill introduced in NA or NCOP
- Referred to relevant committee and published in Government Gazette for public comment
- Debated in committee, maybe amended.
- Submitted to a sitting of the House for further debate before vote.
- Transmitted to other House for concurrence
- Sent to President for assent
- Act
what is a bill
In its early stages before a new law has been tabled in Parliament it is called a draft Bill. Once it has been tabled in Parliament it is called a Bill.
what is an act
Once Bill has been signed by President it becomes an Act/ a law in SA.
what is green paper
the first discussion document. A Government publication that details specific issues, and then points out possible courses of action in terms of policy and legislation.
what is white paper
Authoritative report or guide that informs readers concisely about a complex issue and presents the issuing body’s philosophy on the matter. It is meant to help readers understand an issue, solve a problem, or make a decision.
