- Legislation.
- Case Law (court decisions)
- Common Law.
- Custom.
- Old writers / authors.
- Indigenous 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.
The first important source is
legislation
. Legislation relates to the making of law by a competent authority. The law is found in statutes enacted by Parliament and provincial legislatures, and by-laws. It also relates to proclamations and regulations made by subsidiary bodies like the President and ministers.
What are 3 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.
What are the three sources of South African law?
- Legislation.
- Case Law (court decisions)
- Common Law.
- Custom.
- Old writers / authors.
- Indigenous Law.
What is the highest law in South Africa?
The Constitution is the supreme law of the land. … No other law or government action can supersede the provisions of the Constitution.
Which class does the South African law?
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 is the main law in South Africa?
[20] South African law consists of
the Constitution
which is the supreme law of the country, legislation (acts of the national and provincial legislatures, and governmental regulations), judicial precedent, the common law (rules developed by previous decisions of superior courts, and rules and principles discussed in …
A secondary authoritative source is one that has been written by an expert who is recognized in his or her field of expertise; some examples include
peer-viewed journal articles, government websites
, public records and books by reputable, well-known publishers.
What are the 4 sources of law?
The four primary sources are
constitutions, statutes, cases, and regulations
. These laws and rules are issued by official bodies from the three branches of government.
What are the two main sources of law?
According to Salmond, there are two main sources of law-
formal and material
. Formal sources are those from which law derives its validity and force, that is, the will of the State which is expressed through statutes and judicial decisions. He sub-divided the material sources into legal sources and historical sources.
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
.
What does Authoritative mean in law?
1
a judicial decision, statute, or rule of law that establishes a principle
; precedent. 2 legal permission granted to a person to perform a specified act.
What is the oldest source of law?
The first source of law is
constitutional law
. Two constitutions are applicable in every state: the federal or US Constitution, which is in force throughout the United States of America, and the state’s constitution.
What are main sources of law?
- The Nigerian Constitution.
- Legislation (Ordinances, Acts, laws, decrees, edicts and bye-laws).
- Judicial precedents.
- Customary law.
- Islamic law.
- Received English law (common law, equitable doctrines and statutes of general application that were in force in England on 1 January 1900).
What are the basic sources of law?
- Sources 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)
