Classification Of South African Law Flashcards
(29 cards)
What is the distinction between international and national law?
A distinction is usually made between international and national law.
What does international law govern?
International law primarily governs the relationships between independent states.
How are the rules of international law created?
The rules are created by international custom, international treaties or conventions, and international organisations.
What happens if the rules of international law are violated?
If the rules of international law are violated, the matter can be heard by the International Court of Justice.
How does international law apply within a state?
International law applies in a state to the extent that it is incorporated into the national legal system.
How does international law apply in South Africa?
International law applies in South Africa in so far as it is not in conflict with the South African Constitution or legislation.
What does the South African Constitution state regarding international law?
The Constitution states that a court, when interpreting the bill of rights, must have regard to international law.
How is South African national law divided?
South African national law is divided into substantive and procedural law.
What is substantive law?
Substantive law determines the content and meaning of different legal rules and principles.
What does substantive law refer to?
It refers to the rules and judicial precedents which set out what may or may not be done in the country.
What is procedural law?
Procedural law regulates the enforcement of substantive law.
What does procedural law determine?
It determines the manner in which a case must be practically handled when a legal rule has allegedly been violated.
What is the Law of Criminal Procedure?
It is concerned with the prosecution and trial of someone suspected of committing a crime.
What is the responsibility of the state in criminal law?
The state is responsible for prosecuting and punishing its citizens for criminal offences.
What does the Law of Civil Procedure involve?
It involves the methods by which private law disputes are brought before the court.
What does the Law of Evidence regulate?
It regulates how evidence must be presented before the court.
How is substantive law divided?
Substantive law is usually divided into public and private law.
What are the main divisions of public law?
The main divisions are Constitutional law, Administrative law, and Criminal law.
What is Constitutional Law concerned with?
It is concerned with the formation and organisation of the state and the power of its organs.
What are the three branches of state authority?
Legislature makes law, Judiciary interprets and applies law, Executive administers the state.
What does Administrative Law focus on?
It focuses on the administration of the state and how state bodies exercise their powers.
What does Criminal Law define?
It states which acts are crimes and the punishments imposed by the state.
What are the main divisions of private law?
The main divisions are Law of persons, Family law, Law of personality, Law of patrimony, and Indigenous customary law.
What does the Law of Persons concern?
It concerns persons as legal subjects – their beginning, status, and end in the eyes of the law.
