Theme 7 Flashcards
What are the main sources of SA law ?
- Legislation
- Common law & customary law
- Case law
What are primary sources ?
Law generated by institutions vested with law making authority.
What are secondary sources ?
Sources that provide further information on primary sources. Not binding but provide commentary on law and have persuasive force.
What is legislation ?
Broad term including national, provincial, local legislative Acts, proclamations and regulations made by president or ministers.
Constitution as an Act
Specific document embodying the basic constitutional provisions
Constitution of a country
All constitutional matters in that country
Ways higher status can be conferred
• Entrenchment is making it more difficult to amend then other laws
• Enforcement is vesting courts with power to invalidate laws that conflict constitutional provisions
• Special adoption procedures is arranging procedures for the enactment and acceptance of constitution to ensure support
Constitutional interpretations
Grammatical language
Systematic
Value based
Historical
Comparative
What is a referendum ?
Constitutionally binding poll by the people state. Government is bound to results.
What is a plebiscite ?
Process of consultation conducted by government with voters of state. Just for public opinion and not constitutionally binding.
Classifications of constitutions
Written v Unwritten
Flexible v Inflexible
Single document v Multi-document
Autochthonous v Allochthonous
Technical v Ideological
Supreme v Nonsupreme
Westminster system
• Principle of parliamentary sovereignty
• State based on unitary system
• House of Commons (NA) + House of Lords (NCoP)
• Relative separation of powers
• President can be removed through motion of confidence
• Governed by unwritten rules sanctioned by political sanctions
What is a prerogative ?
Certain common law powers that British monarchs could exercise at their discretion.
What is a convention ?
Rules of political conduct that are binding on the head of state and other members of executive.
What are characteristics of conventions ?
• Not legal rules just constitutional practices
• Incorporated into legislation
• Can develop in all systems
