What are the 4 sources of South African law?

What are the 4 sources of South African law?

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.

What are the 3 authoritative sources of South African 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.

What is the most important source of law in South Africa?

The Constitution of 1996
The Constitution of 1996 is the most important source of law in South Africa. The Constitution is the supreme law of South Africa and law, passed by Parliament, which offends the Constitution, is invalid. Secondly, custom is also recognised as a primary source of law.

What are the four types of laws?

Law is divided into four broad categories. These types of law are tort law, contract law, property law and criminal law.

What does LLB stand for in law?

Bachelor of Laws
LLB Programs An LLB, or Bachelor of Laws, is the professional law degree awarded after completing undergraduate education. In most countries, holding an LLB with additional accreditation, allows for the practice of law.

What are the two main sources of law in South Africa?

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 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 3 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. These three branches of government, whether federal or state, create primary sources of law.

Are you a lawyer after LLB?

After completing your LLB course, you become a lawyer. However, you are still not an advocate. To become an advocate, you will have to enrol yourself with any State Bar Council and clear the All India Bar Examination (AIBE) as explained above.

What kind of legal system does South Africa have?

The Republic of South Africa is a constitutional state, with a supreme Constitution and a Bill of Rights. All laws must be consistent with the Constitution. South Africa has a mixed legal system – a hybrid of Roman Dutch civilian law, English common law, customary law and religious personal law.

What are the main sources of South African law?

Sources of 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.

Where does common law come from in South Africa?

Common law Common law is law that is not made by Parliament or another law-making body. This law comes from Roman-Dutch law and English law, brought to South Africa by the Dutch and English settlers. When a legal problem is not covered by statute law, you can look at the common law for an answer.

Which is the highest law in South Africa?

The Constitution is the supreme (highest) law of South Africa. All laws and State actions must be in line with the Constitution. Our Constitution tell us how the State is organised. It also has a Bill of Rights (list of human rights), which sets a standard for all laws.