The Source of Constitional law

Question 1

What is Constitutional law

Answer 1

Refers to the institutional organisational of state power.

Question 2

Source of law

Answer 2

A place where you can find legal rules governing a branch of law

Question 3

Types of Surce of law

Answer 3

They fall under Authoritative Sources: Binding
Constitution
Legislation                  
Case Law
International law
Common-Law

Question 4

The Constitution

Answer 4

Entire bodies (Written and unwritten)
The exercise of state authority and relation of citizen organ.  The constitution is a written document containing most of the constitutional rules governing as above. Prescribes the limits imposed on the exercise of state authority. Sets the standard in which the beares of state authority are required to exercise that authority. Prescribes consequence for improperly exercise state power

Question 5

Legislation

Answer 5

The constitution provides a frame work& legislation adds flesh.
Legislation has the duty to compile original or subordinate legislation.
For example The South African Citizenship Act, The Electoral Act. Local Government: Municipal Structure Act.

Question 6

Common Law

Answer 6

Unwritten laws 
Since 1996 common law played important role in the development of constitutional.
The interim & final constitution made a decisive break from the Westminister system of government allowing constitutional supremacy over parliamentary sovereignty.
Section 39 (2) Courts are to develop the common law in line with constitutional principles.

Question 7

Case Law

Answer 7

Stare Decisis is the doctrine that courts must adhere to precedent in making their decisions
An illustration of the practical application of the constitutional principles.

Question 8

International Law

Answer 8

Section 39(1) A court must consider international law when determining constitutional issues.
Analyses of the Bill of Rights in particular international law.

Question 9

Other Sources

Answer 9

Persuasive, not binding may influence decisions

1. Academic writings
2. Policy documents: issued by organs of state helping shape legislative agenda legal norms
3. Reports by state institutions supporting constitutional democracy
4. Foreign law Sec 39 (1)(c) The courts may consider foreign law (Discretionary power)