STUDY UNIT 4.2: CONSTITUTION & JUDICIARY Flashcards
JUDICIARY DEFINITION
collection of the judges & they interpret legal rules & apply them to concrete situations
they interpret what is law & determine how it should be applied
COURTS DECISION: APPLIED IN A 3 WAY STARTEGY
the judges look at the law & determine which rule is applicable then apply it to the case
courts make a decision based on their view with usage of existing or prior law & social policy
the final decision then sets a new precedent
the court may extend the rules to cover the facts of the case, leading to development of the law
CASE LAW FOUNDATION
case law is formed from stare decisis which is the decision of a court after hearing a case
it serves as a guide to other similar cases & must be applied by all courts with similar matters
legislation can change the precedent of the court
case law recognizes & develops common & custom law
HIERARCHY OF THE COURTS
the C.C is binding to all courts
SCA binds itself & High Court
High Court binds all lower courts
the changing of legislation affects all precedent laws, but they will remain until the courts declare them as unconstitutional
DEFINE JURISDICTION
it refers to the power of the court to hear & decide on a matter or decide on a certain order
it also refers to authority to legislate
STRUCTURE OF THE JUDICIARY
superior courts are the C.C, SCA & High Courts [incl. : Labor Appeal Court (LAC), Labor Court, Land Claims Court, Competition Appeal Court, Electoral Court, Special Income Tax Courts, Special Consumer Court]
lower courts refer to those w/o inherent jurisdiction & have authority only on matters that they’re permitted to hear
THE CONSTITUTIONAL COURT
the C.C only hears constitutional matters
it confirms order of unconstitutionality that emerge from the SCA & High Courts
it is seated by the Chief Justice, Dep Chief & 9 constitutional judges
it is governed by Superior Courts Acts of 2013, s4
SUPREME COURT OF APPEAL (SCA)
it is formerly known as the Appellate Division
it decides on non-constitutional matters & is binding on all courts in S.A
it only regulates appeals form the High Court
also governed by the Supreme Courts Act of 2013
