rule of law Flashcards
constitutional values
Moral principles or accepted foundational standards that govern behaviour of members of society
s1: dignity , non-racialism & non-sexism, suffrage etc.
constitutional principles
Basic principles = essential ideas on which SA system of government is based
substantive law
refers to its content
formal or procedural law
refers to the way in which substantive rights are achieved
Separation of powers
Separation of powers - limiting the powers of the three branches of government
The principle that there must be some separation of function and, in some cases, personnel of the three branches of government
different branches of government
- Legislature = Parliament + provincial legislature + local council
- Executive = president + deputy president + cabinet ministers
- Judiciary = system of courts
checks and balances
Checks and balances – different parts of government are answerable to each other
rule of law
evolving constitutional principle enforceable by the courtsRule of law emphasises the fact that the law is supreme and should treat everyone equally*, and state should respect an individual’s fundamental rights
*with exception – insane people/minors/disabled etc.
Lon Fuller 8 Characteristics
- Generality
- promulgation
- non retroactivity
- clarity
- non contradictory
- possibility of compliance
- constancy through time
- congruence between actions and rules
what is judicial independence
The judicial authority of the Republic is vested in the courts.
The courts are independent and subject only to the Constitution.
No person or organ of state may interfere with the functioning of the courts.
Judicial impartiality
Judges required to apply law impartially- without bias or favour
3 kinds of democracy
- representative
- participatory
- direct
first generation human rights
Individual or civil rights
Oldest types of rights
Recognised 18t h Century
Absolute + immediate – always need to be protected
second generation human rights
Economic/social/cultural rights
Important after WW2 (when world’s economy + infrastructure needed to be rebuilt)
third generation human rights
1980s
pollution and wars increased Include right to clean environment Right to peace (not to make war)