Summary Constitutional Law Study Notes

SOURCES OF CONSTITUTIONAL LAW, CLASSIFICATION OF CONSTITUTIONS
AND THE CONCEPTS “STATE” AND “GOVERNMENT”
Authoritative sources of South Africa’s constitutional law C.L.C.C.C.I -
-CONSTITUTION
- LEGISLATION
- COMMON LAW
- CUSTOMARY LAW
- CASE LAW
- INTERNATIONAL LAW
- Constitution - refers to both written and unwritten rules governing the exercise and
distribution of state authority on one hand, and on the other, governing relationship
between organs of state inter se and, also between organs of state and legal subjects.
- Legislation - is written law enacted by an elected body authorized to do so by the
Constitution or other legislation. Contains National law e.g South African citizenship Act,
Electoral Act, Local Government Municipal Structures Act
- Common law - the unwritten law of SA, which in SA is Roman-Dutch Law. English law
in the Development of CC. Section 39 interpretation of the Bill of Rights
- Customary law - that system of law generally derived from custom, African indigenous
law
- Case law - practical application of constitutional principles by our courts, our courts
have full testing power making case law an authoritative source.
- International law - The Constitution provides that the courts must consider
international law when determining constitutional issues.
Persuasive sources of South Africa’s constitutional law F.A.R.P
- FOREIGN LAW
- ACADEMIC WRITINGS
- REPORTS BY INSTITUTIONS SUPPORTING CONSTITUTIONAL DEMOCRACY
- POLICY DOCUMENTS