SOURCES OF LAW
As South African Law has many sources ie. Common law, legislation or statutes, judicial precedent (court decisions), indigenous law, custom and legal academic writings, it is of practical importance for lawyers to be aware of these different sources which provide the key to the content of the law.
Judgements of the courts — commonly referred to as case law, the judgements of Dutch courts pre-1652, Cape Council of Justice pre-1827, courts of the four provinces pre-1910 and the judgements of the South African courts after 1910 are all authoritative sources of law.
Is foreign law binding in South Africa?
Though foreign law is not binding on South African courts, it can still contribute to shaping and developing South African law – constitutional and human rights law, in particular. Everything depends on the manner in which a court resorts to foreign law, and what it does with the information it gleans from such law.
Legislation is the prime source of law. and consists in the declaration of legal rules by a competent authority.
An authoritative source is one that will carry weight in your paper because its writers have expertise on your topic. To determine whether a source is authoritative, figure out who composed it and what their credentials are.
What are the 5 sources of South African law?
The sources of South African law are:
- the Constitution – the supreme law of the country (s 2 of the Constitution)
- legislation (acts of the national and provincial legislatures, and governmental regulations)
- common law.
- judicial precedent.
- customary / indigenous law. …
- Religious personal laws.
- international law.
What are the two kinds of sources of law in South Africa?
South African law has more than one source: Legislation. Case Law (court decisions) Common Law.
What are the four main sources of law?
Primary sources of law are constitutions, statutes, regulations, and cases. Lawmaking powers are divided among three branches of government: executive; legislative; and judicial.
What are the two main types of sources of law?
Primary legal sources are the actual law in the form of constitutions, court cases, statutes, and administrative rules and regulations. Secondary legal sources may restate the law, but they also discuss, analyze, describe, explain, or critique it as well.
What is foreign law in South Africa?
Foreign law is used to learn from the manner in which other judiciaries have approached similar constitutional problems, illustrate the distinctive functions of the South African system, and provide empirical information about the consequences of interpretive choices.
What is the difference between international law and foreign law?
Foreign law involves the domestic laws of a foreign jurisdiction. International law has to do with the laws that regulate conduct between sovereign nations.
How is international law a source of law?
Sources of international law include treaties, international customs, general widely recognized principles of law, the decisions of national and lower courts, and scholarly writings. They are the materials and processes out of which the rules and principles regulating the international community are developed.