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South African Constitutional Law

South African Constitutional Law

South African constitutional law is the area of South African law relating to the interpretation and application of the Constitution of the Republic of South Africa by the country’s courts. All laws of South Africa must conform with the Constitution; any laws inconsistent with the Constitution have no force or effect.

Constitutional Law

Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in federal countries such as the United States and Canada, the relationship between the central government and state, provincial, or territorial governments.

Not all nation states have codified constitutions, though all such states have a jus commune, or law of the land, that may consist of a variety of imperative and consensual rules. These may include customary law, conventions, statutory law, judge-made law, or international rules and norms. Constitutional law deals with the fundamental principles by which the government exercises its authority. In some instances, these principles grant specific powers to the government, such as the power to tax and spend for the welfare of the population. Other times, constitutional principles act to place limits on what the government can do, such as prohibiting the arrest of an individual without sufficient cause.

In most nations, such as the United States, India, and Singapore, constitutional law is based on the text of a document ratified at the time the nation came into being. Other constitutions, notably that of the United Kingdom, rely heavily on uncodified rules, as several legislative statutes and constitutional conventions, their status within constitutional law varies, and the terms of conventions are in some cases strongly contested.

Constitutions

South Africa is generally considered to have had five constitutional documents since the Union was established in 1910, including the current one. The constitutions in chronological order are:

South Africa Act
Constitution of South Africa, 1961 (also known as the “Republican Constitution”)
Constitution of South Africa, 1983 (also known as the “Tricameral Constitution”)
Constitution of South Africa, 1993 (also known as the “Interim Constitution”)
Constitution of South Africa, 1996 (also known as the “Final Constitution”)

The Interim Constitution abolished South Africa’s system of parliamentary sovereignty and replaced it with a dispensation wherein the Constitution is the supreme law, as opposed to the will of Parliament. The previous three constitutions were all subject to parliamentary amendment with, generally, a simple majority, therefore were not considered extraordinary statutes.