STUDY UNIT 4: SOURCES OF LAW Flashcards
REASONS FOR RECOGNIZING SOURCES OF LAW
first reason is that they tell us which institutions have the capacity to formulate & pass descriptive norms
sec reason is that they let us know which laws assist in creating legal certainty
third reason is that they provide us with info on the content of the law as others state what the law says, others discuss or critique the law
RECOGNITION OF SPECIFIC LAWS
determine which institutions have capacity to develop rules
assist in creating legal certainty
ensures same law applies equally to everybody which is referred to as Rule Of Law
contributes to orderly, peaceful and just society
Everyone knows what the law says & everyone has equal access to the content of the law
CODIFIED & UNCODIFIED LEGAL SYSTEMS
codified refers to a systematically recorded law in a comprehensive code & serves as a primary source (legislation)
uncodified refers to unwritten and variously scattered laws
PRIMARY & SECONDARY SOURCES OF LAW
primary refers to law making authorities vested laws- legislation, parliament(Constitution) & judgements of the courts
secondary sources emerge from those who have the authority to interpret the law- lawyers, academics & those who comment on all types of laws
sec sources: international law, foreign law & commentary on law
ONLY PRIMARY SOURCES ARE BINDING
PRIMARY SOURCES FOR S.A LAW
case law, constitution, legislation, common law, indigenous law & foreign, international & religious law
