Chapter 4 Classification of the law (1.1)
Tuesday, 18 April 2023 14:07
Distinction between different types of law (pg.137-140)
Main topics:
○ International and national law
○ Substantive and procedural law
Lecture notes:
Distinction between international and national law
International law
Both the agreements that South Africa signs and also the customary law.
International agreement e.g. hay convention- international law on child abduction
refugees convention
pairs agreement- climate change (binding targets)
section 231- sets out the process by which we recognize international law
domestically (ratification)
section 391- court must consider international law if applicable
President and member of the executive sign the agreement only become binding on SA law once they have been
approved by parliament
Convention- an agreement between states
International law isn't followed as clear as it should be because there is not real enforcement.
Traceries and customary law (agreement between two countries)
How its tested?
Factual scenario- family, labor and international law (identify appliable law)
National law
Law of a specific state (positive or objective law)
The whole body of legal rules that is applied and enforced in SA
Procedural law- processes by which law is carried out
Substantive law- content in law
Distinction between substantive and procedural law
Substantive law (material law)
Determines the content and meaning of the different legal rules + determines the content and application of the
different rights that an individual has
Procedural law (procedural law)
Regulates the enforcement of substantive law
Determines the manner in which cases must be practically handled when a legal rule has allegedly been violated
They are both interdependent of each other.
The legal system should only determine the content and meaning of different legal rules BUT it must also
prescribe when these rules have been broken so that the disputes can be settled in a peaceful manner.
Without procedural law people will take matter in their own hands which will lead to uncontrolled revenge and
violence and chaos.
Therefore procedural law cannot exist without substantive law as it cannot provide the enforcement for the legal
rules which the content and meaning are unknown.
Civil procedure- process by which we institute a civil plane against someone else (in contract)
how we sue someone (a long processes). e.g. someone owes money
Claim at a summons
Criminal procedure- processes that must be followed when someone is accused of a crime
Read out rights
State (represents victims) v accused
Evidence- relates to the rules by which a court, must interpret the information before it.
New Section 1 Page 1
Tuesday, 18 April 2023 14:07
Distinction between different types of law (pg.137-140)
Main topics:
○ International and national law
○ Substantive and procedural law
Lecture notes:
Distinction between international and national law
International law
Both the agreements that South Africa signs and also the customary law.
International agreement e.g. hay convention- international law on child abduction
refugees convention
pairs agreement- climate change (binding targets)
section 231- sets out the process by which we recognize international law
domestically (ratification)
section 391- court must consider international law if applicable
President and member of the executive sign the agreement only become binding on SA law once they have been
approved by parliament
Convention- an agreement between states
International law isn't followed as clear as it should be because there is not real enforcement.
Traceries and customary law (agreement between two countries)
How its tested?
Factual scenario- family, labor and international law (identify appliable law)
National law
Law of a specific state (positive or objective law)
The whole body of legal rules that is applied and enforced in SA
Procedural law- processes by which law is carried out
Substantive law- content in law
Distinction between substantive and procedural law
Substantive law (material law)
Determines the content and meaning of the different legal rules + determines the content and application of the
different rights that an individual has
Procedural law (procedural law)
Regulates the enforcement of substantive law
Determines the manner in which cases must be practically handled when a legal rule has allegedly been violated
They are both interdependent of each other.
The legal system should only determine the content and meaning of different legal rules BUT it must also
prescribe when these rules have been broken so that the disputes can be settled in a peaceful manner.
Without procedural law people will take matter in their own hands which will lead to uncontrolled revenge and
violence and chaos.
Therefore procedural law cannot exist without substantive law as it cannot provide the enforcement for the legal
rules which the content and meaning are unknown.
Civil procedure- process by which we institute a civil plane against someone else (in contract)
how we sue someone (a long processes). e.g. someone owes money
Claim at a summons
Criminal procedure- processes that must be followed when someone is accused of a crime
Read out rights
State (represents victims) v accused
Evidence- relates to the rules by which a court, must interpret the information before it.
New Section 1 Page 1
