Question: What Are The 5 Sources Of South African Law?

What are the persuasive sources of South African law?

The South African law is derived from a number of sources.

Some are authoritative while others have only persuasive authority.

Courts are bound by authoritative sources, whereas persuasive sources may lead a court to come to a specific conclusion.

The first important source is legislation..

What is indigenous law in South Africa?

In applying indigenous law, it is important to bear in mind that, unlike common law, indigenous law is not written. It is a system of law that was known to the community, practised and passed on from generation to generation. It is a system of law that has its own values and norms.

Why do we need law in South Africa?

It enshrines the rights of all people in South Africa and affirms the democratic values of human dignity, equality and freedom. While every person is entitled to these rights, they also have a responsibility to respect them. The Bill of Rights binds the legislature, the executive, judiciary and all organs of State.

What field of study is law?

Criminal law focuses on the fundamental issues of the law and personal liberties. Lawyers in this field defend many of the basic rights considered crucial to the preservation of a free and just society. There are two main types of criminal law lawyers: Criminal defense lawyers, who represent clients accused of crimes.

How are laws made in South Africa?

Before a Bill can become a law, it must be considered by both Houses of Parliament (National Assembly and National Council of Provinces). … If the Bill passes through both the NA and the NCOP, it goes to the President for assent (signed into law).

What are the main sources of law?

Sources of lawSources of law are the origins of laws, the binding rules that enable any state to govern its territory.International Treaties.European Community Law.Legislation.Case Law.Equity (England only)Parliamentary Conventions (UK mainly)Customs (England & Commonwealth Nations)More items…

What are the 4 types of law?

Aquinas recognizes four main kinds of law: the eternal, the natural, the human, and the divine. The last three all depend on the first, but in different ways.

What are the five sources of South African 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 5 main sources of law?

In the United States, the law is derived from five sources: constitutional law, statutory law, treaties, administrative regulations, and the common law (which includes case law).

What are the three 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.More items…•

What are the 7 types of law?

Terms in this set (7)The Constitution. supreme body of laws that govern our country.Statutory law. written or codified law such as legislative acts, declaring, commanding, or prohibiting something.Common or Case Law. … Civil Law (Private law) … Criminal Law. … Equity Law. … Administrative Law.

What type of law makes the most money?

Some of the areas of law that have the highest average earnings include:Medical Malpractice and Personal Injury Lawyers. … Corporate Lawyers. … Bankruptcy Lawyers, Immigration Attorneys, and Probate Lawyers. … IP and Patent Lawyers. … Criminal Defense Lawyers.

What is the main law of South Africa?

As a general rule, South Africa follows English law in both criminal and civil procedure, company law, constitutional law and the law of evidence; while Roman-Dutch common law is followed in the South African contract law, law of delict (tort), law of persons, law of things, family law, etc.

What field of law is most in demand?

Here are 16 fruitful, promising areas of law for you to consider.Complex Litigation. This is an area of law that demands a lot of patience and incredible attention to detail. … Corporate Law. … Tax Law. … Intellectual Property. … Blockchain. … Healthcare. … Environmental. … Criminal.More items…

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

South African law has more than one source: Legislation. Case Law (court decisions) Common Law.

Which law is the highest law in South Africa?

The Bill of RightsThe Bill of Rights, Section 2 of the South African Constitution, is the highest law in the country and the protection of the rights contained therein are given maximum priority by our courts.

Does South Africa use common law?

South Africa has a mixed legal system. Its doctrines and concepts are influenced both by the civilian tradition (in an uncodified Romano-Dutch form brought by early Dutch settlers) and by the common law tradition (introduced during the British colonial period).

What is codification law?

To codify means to arrange laws or rules into a systematic code. The process of codification can involve taking judicial decisions or legislative acts and turning them into codified law. … The codification of law helps identify inconsistent laws, duplicate laws, and ambiguous laws.

What is the difference between primary and secondary sources of law?

Primary vs. These are considered primary sources in the legal context, and contain the force of law. Secondary sources consist of scholarly journal articles, legal commentary and annotations, treatises, textbooks and books, encyclopedia entries, non-academic articles and other sources.

Which is the most important source of law?

US ConstitutionPursuant to principles of federal supremacy, the federal or US Constitution is the most preeminent source of law, and state constitutions cannot supersede it.

What are the 8 sources of law?

The primary sources of law in the United States are the United States Constitution, state constitutions, federal and state statutes, common law, case law, and administrative law.