150-620: The Constitution of South Africa is the supreme law of the Republic of South Africa . It provides the legal foundation for the existence of the republic , it sets out the rights and duties of its citizens, and defines the structure of the Government . The current constitution , the country's fifth, was drawn up by the Parliament elected in 1994 in the South African general election, 1994 . It
300-537: A preferendum when the choices given allow the voters to weight their support for a policy. In Switzerland , for example, multiple choice referendums are common. Two multiple choice referendums were held in Sweden , in 1957 and in 1980, in which voters were offered three options. In 1977, a referendum held in Australia to determine a new national anthem was held, in which voters had four choices. In 1992, New Zealand held
450-625: A federal system (as in Australia, Germany or the United States) or different voting configuration in a unitary system (as in France). In the UK the upper house is appointed by the government as a house of review . One criticism of bicameral systems with two elected chambers is that the upper and lower houses may simply mirror one another. The traditional justification of bicameralism is that an upper chamber acts as
600-523: A modern state in 1848 . Italy ranks second with 78 national referendums : 72 popular referendums (51 of which were proposed by the Radical Party ), 4 constitutional referendums, one institutional referendum and one advisory referendum . A referendum usually offers the electorate a straight choice between accepting or rejecting a proposal. However some referendums give voters multiple choices, and some use transferable voting. This has also been called
750-417: A parliamentary system , as with Britain, Italy, Germany, India, and Japan, the executive is known as the cabinet, and composed of members of the legislature. The executive is led by the head of government , whose office holds power under the confidence of the legislature. Because popular elections appoint political parties to govern, the leader of a party can change in between elections. The head of state
900-652: A ruler ') is a set of ordinances and regulations made by ecclesiastical authority , for the government of a Christian organisation or church and its members. It is the internal ecclesiastical law governing the Catholic Church , the Eastern Orthodox Church , the Oriental Orthodox Churches , and the individual national churches within the Anglican Communion . The way that such church law
1050-409: A science and as the art of justice. State-enforced laws can be made by a legislature , resulting in statutes ; by the executive through decrees and regulations ; or by judges' decisions, which form precedent in common law jurisdictions. An autocrat may exercise those functions within their realm. The creation of laws themselves may be influenced by a constitution , written or tacit, and
1200-440: A "common law" developed during the reign of Henry II during the late 12th century, when Henry appointed judges who had the authority to create an institutionalised and unified system of law common to the country. The next major step in the evolution of the common law came when King John was forced by his barons to sign a document limiting his authority to pass laws. This "great charter" or Magna Carta of 1215 also required that
1350-432: A 'referendum' is often said to be a vote to change the federal constitution and 'plebiscite' a vote which does not affect the federal constitution. However, this is erroneous as not all federal referendums have been on constitutional matters (such as the 1916 Australian conscription referendum ), and state votes that likewise do not affect either the federal or state constitution are frequently said to be referendums (such as
1500-523: A Latin gerund, referendum has no plural). The Latin plural gerundive 'referenda', meaning 'things to be referred', necessarily connotes a plurality of issues. It is closely related to agenda , "those matters which must be driven forward", from ago , to impel or drive forwards; and memorandum , "that matter which must be remembered", from memoro , to call to mind, corrigenda , from rego , to rule, make straight, those things which must be made straight (corrected), etc. The term 'plebiscite' has
1650-495: A Latin word and attempting to apply to it the rules of Latin grammar) is unsupportable according to the rules of both Latin and English grammar. The use of "referenda" as a plural form is posited hypothetically as either a gerund or a gerundive by the Oxford English Dictionary , which rules out such usage in both cases as follows: Referendums is logically preferable as a plural form meaning 'ballots on one issue' (as
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#17328476777511800-434: A Parliament made up of two houses: a 400-member National Assembly , directly elected by party-list proportional representation , and a ninety-member Senate , in which each of the nine provinces was represented by ten Senators, elected by the provincial legislature . The Constitutional Assembly consisted of both houses sitting together, and was responsible for drawing up a final constitution within two years. The adoption of
1950-411: A five-option referendum on their electoral system. In 1982, Guam had a referendum that used six options, with an additional blank option for those wishing to (campaign and) vote for their own seventh option. A multiple choice referendum poses the question of how the result is to be determined. They may be set up so that if no single option receives the support of an absolute majority (more than half) of
2100-572: A generally similar meaning in modern usage and comes from the Latin plebiscita , which originally meant a decree of the Concilium Plebis (Plebeian Council), the popular assembly of the Roman Republic . Today, a referendum can also often be referred to as a plebiscite, but in some countries the two terms are used differently to refer to votes with differing types of legal consequences. In Australia,
2250-488: A higher court or the legislature. Religious law is in use in some religious communities and states, and has historically influenced secular law. The scope of law can be divided into two domains: public law concerns government and society, including constitutional law , administrative law , and criminal law ; while private law deals with legal disputes between parties in areas such as contracts , property , torts , delicts and commercial law . This distinction
2400-442: A house of review. This can minimise arbitrariness and injustice in governmental action. To pass legislation, a majority of the members of a legislature must vote for a bill (proposed law) in each house. Normally there will be several readings and amendments proposed by the different political factions. If a country has an entrenched constitution, a special majority for changes to the constitution may be required, making changes to
2550-615: A limited extent by adopting its own provincial constitution. (The only province so far to have done this is the Western Cape .) The chapter provides for a unicameral legislature , a Premier elected by the legislature as head of the provincial executive, and an Executive Council appointed by the Premier as a provincial cabinet. The provincial government is given exclusive powers over certain matters, listed in Schedule 5, and powers concurrent with
2700-409: A motivated minority of voters. Referendums may require a turnout threshold (also called a participation quorum) in order for the referendum to be considered legally valid. In a participation quorum a majority of those voting must approve of the referendum, and a certain percentage of population must have voted in order for the results to be approved. The usage of participation quorums in referendums
2850-543: A new constitutional text required a two-thirds supermajority in the Constitutional Assembly, as well as the support of two-thirds of senators on matters relating to provincial government. If a two-thirds majority could not be obtained, a constitutional text could be adopted by a simple majority and then put to a national referendum in which sixty per cent support would be required for it to pass. The Interim Constitution contained 34 constitutional principles with which
3000-828: A number of other commissions and offices to protect and support democracy and human rights. These are the Public Protector (an ombudsman ), the South African Human Rights Commission , the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities , the Commission for Gender Equality , the Auditor-General , the Independent Electoral Commission and
3150-591: A process of reform, at least in terms of economic, if not social and political, rights. A new contract code in 1999 represented a move away from administrative domination. Furthermore, after negotiations lasting fifteen years, in 2001 China joined the World Trade Organization . In general, legal systems can be split between civil law and common law systems. Modern scholars argue that the significance of this distinction has progressively declined. The numerous legal transplants , typical of modern law, result in
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#17328476777513300-409: A referendum are more likely to be driven by transient whims than by careful deliberation, or that they are not sufficiently informed to make decisions on complicated or technical issues. Also, voters might be swayed by propaganda , strong personalities, intimidation, and expensive advertising campaigns. James Madison argued that direct democracy is the " tyranny of the majority ". Some opposition to
3450-473: A referendum. Therefore avoid referendums. Therefore don't raise questions which require them, such as the big versus the little states. Some critics of the referendum attack the use of closed questions. A difficulty called the separability problem can plague a referendum on two or more issues. If one issue is in fact, or in perception, related to another on the ballot, the imposed simultaneous voting of first preference on each issue can result in an outcome which
3600-524: A separate vote on each of the multiple options as well as an additional decision about which of the multiple options should be preferred. In the Swedish case, in both referendums the 'winning' option was chosen by the Single Member Plurality ("first past the post") system. In other words, the winning option was deemed to be that supported by a plurality , rather than an absolute majority, of voters. In
3750-502: A single "Category A" municipal authority and others are governed by a two-level system with a larger "Category C" municipality containing multiple "Category B" municipalities. The municipalities are granted the power to administer certain matters listed in Schedules 4 and 5, and the executive and legislative authority is vested in the municipal council. The chapter requires municipal elections to be held every five years. Chapter 8 establishes
3900-462: Is legislated , interpreted and at times adjudicated varies widely among these three bodies of churches. In all three traditions, a canon was originally a rule adopted by a church council ; these canons formed the foundation of canon law. The Catholic Church has the oldest continuously functioning legal system in the western world , predating the evolution of modern European civil law and common law systems. The 1983 Code of Canon Law governs
4050-454: Is "fit for" doing. Its use as a noun in English is not considered a strictly grammatical usage of a foreign word but is rather a newly coined English noun, which follows English grammatical usage, not Latin grammatical usage. This determines the form of the plural in English, which according to English grammar should be "referendums". The use of "referenda" as a plural form in English (treating it as
4200-465: Is a direct vote by the electorate (rather than their representatives ) on a proposal, law, or political issue. A referendum may be either binding (resulting in the adoption of a new policy ) or advisory (functioning like a large-scale opinion poll ). 'Referendum' is the gerundive form of the Latin verb referre , literally "to carry back" (from the verb ferre , "to bear, bring, carry" plus
4350-508: Is a class of referendum required to be voted on if certain conditions are met or for certain government actions to be taken. They do not require any signatures from the public. In areas that use referendums a mandatory referendum is commonly used as a legally required step for ratification for constitutional changes, ratifying international treaties and joining international organizations, and certain types of public spending. Typical types of mandatory referendums include: An optional referendum
4500-408: Is a class of referendums that is put to the vote as a result of a demand. This may come from the executive branch, legislative branch, or a request from the people (often after meeting a signature requirement). Types of optional referendums include: From a political-philosophical perspective, referendums are an expression of direct democracy , but today, most referendums need to be understood within
4650-495: Is a code of Jewish law that summarizes some of the Talmud's interpretations. A number of countries are sharia jurisdictions. Israeli law allows litigants to use religious laws only if they choose. Canon law is only in use by members of the Catholic Church , the Eastern Orthodox Church and the Anglican Communion . Canon law ( Ancient Greek : κανών , romanized : kanon , lit. 'a straight measuring rod;
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4800-458: Is a system of rules, divided into primary (rules of conduct) and secondary ones (rules addressed to officials to administer primary rules). Secondary rules are further divided into rules of adjudication (to resolve legal disputes), rules of change (allowing laws to be varied) and the rule of recognition (allowing laws to be identified as valid). Two of Hart's students continued the debate: In his book Law's Empire , Ronald Dworkin attacked Hart and
4950-472: Is an "authority" to mediate people's interests. Oliver Wendell Holmes defined law as "the prophecies of what the courts will do in fact, and nothing more pretentious." In his Treatise on Law , Thomas Aquinas argues that law is a rational ordering of things, which concern the common good, that is promulgated by whoever is charged with the care of the community. This definition has both positivist and naturalist elements. Definitions of law often raise
5100-706: Is apart from the executive, and symbolically enacts laws and acts as representative of the nation. Examples include the President of Germany (appointed by members of federal and state legislatures ), the Queen of the United Kingdom (an hereditary office ), and the President of Austria (elected by popular vote). The other important model is the presidential system , found in the United States and in Brazil . In presidential systems,
5250-463: Is argued as the reason why, since World War II , there has been no provision in Germany for the holding of referendums at the federal level. In recent years, referendums have been used strategically by several European governments trying to pursue political and electoral goals. In 1995, John Bruton considered that All governments are unpopular. Given the chance, people would vote against them in
5400-513: Is authority, identifiable purely through social sources and without reference to moral reasoning. In his view, any categorisation of rules beyond their role as authoritative instruments in mediation is best left to sociology , rather than jurisprudence. The history of law links closely to the development of civilization . Ancient Egyptian law, dating as far back as 3000 BC, was based on the concept of Ma'at and characterised by tradition, rhetorical speech, social equality and impartiality. By
5550-463: Is controversial, as higher requirements have been shown to reduced turnout and voter participation. With high participation quorums, the opposition of a referendum has an interest in abstaining from the vote instead of participating, in order to invalidate the referendum results through low turnout. This is a form of the no-show paradox . All others who are not voting for other reasons, including those with no opinion, are effectively also voting against
5700-648: Is displeasing to most. Several commentators have noted that the use of citizens' initiatives to amend constitutions has so tied the government to a jumble of popular demands as to render the government unworkable. A 2009 article in The Economist argued that this had restricted the ability of the California state government to tax the people and pass the budget, and called for an entirely new Californian constitution. A similar problem also arises when elected governments accumulate excessive debts. That can severely reduce
5850-611: Is formally entitled the " Constitution of the Republic of South Africa, 1996 ." It was previously also numbered as if it were an Act of Parliament – Act No. 108 of 1996 – but, since the passage of the Citation of Constitutional Laws Act , neither it nor the acts amending it are allocated act numbers. The South Africa Act 1909 , an act of the Parliament of the United Kingdom , unified four British colonies – Cape Colony , Transvaal Colony , Orange River Colony and Natal Colony – into
6000-467: Is law?" There have been several attempts to produce "a universally acceptable definition of law". In 1972, Baron Hampstead suggested that no such definition could be produced. McCoubrey and White said that the question "what is law?" has no simple answer. Glanville Williams said that the meaning of the word "law" depends on the context in which that word is used. He said that, for example, " early customary law " and " municipal law " were contexts where
6150-491: Is nearly unique to South Africa (one exception being neighbouring Botswana ). The Constitution of the Republic of South Africa, 1993 or Interim Constitution was introduced at the end of apartheid to govern the period of transition. It introduced, for the first time, the framework of a liberal democracy, universal adult suffrage and a bill of rights . An integral part of the negotiations to end apartheid in South Africa
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6300-518: Is placed under the control of the national government but gives provincial governments some power to administer and oversee policing. Chapter 12 recognizes the status and authority of traditional leaders and customary law , subject to the Constitution. It allows for the creation of provincial houses of traditional leaders and a national council of traditional leaders. The Traditional leaders must have responsibilities in affairs and decision making of
6450-537: Is stronger in civil law countries, particularly those with a separate system of administrative courts ; by contrast, the public-private law divide is less pronounced in common law jurisdictions. Law provides a source of scholarly inquiry into legal history , philosophy , economic analysis and sociology . Law also raises important and complex issues concerning equality, fairness, and justice . The word law , attested in Old English as lagu , comes from
6600-441: Is that law is a system of rules and guidelines which are enforced through social institutions to govern behaviour. In The Concept of Law , H. L. A. Hart argued that law is a "system of rules"; John Austin said law was "the command of a sovereign, backed by the threat of a sanction"; Ronald Dworkin describes law as an "interpretive concept" to achieve justice in his text titled Law's Empire ; and Joseph Raz argues law
6750-994: Is the Supreme Court ; in Australia, the High Court ; in India, the Supreme Court of India ; in the UK, the Supreme Court ; in Germany, the Bundesverfassungsgericht ; and in France, the Cour de Cassation . For most European countries the European Court of Justice in Luxembourg can overrule national law, when EU law is relevant. The European Court of Human Rights in Strasbourg allows citizens of
6900-486: Is the legal systems in communist states such as the former Soviet Union and the People's Republic of China . Academic opinion is divided on whether it is a separate system from civil law, given major deviations based on Marxist–Leninist ideology, such as subordinating the judiciary to the executive ruling party. There are distinguished methods of legal reasoning (applying the law) and methods of interpreting (construing)
7050-563: Is to make laws, since they are acts of the general will ; nor whether the prince is above the law, since he is a member of the State; nor whether the law can be unjust, since no one is unjust to himself; nor how we can be both free and subject to the laws, since they are but registers of our wills. Jean-Jacques Rousseau, The Social Contract , II, 6. The philosophy of law is commonly known as jurisprudence. Normative jurisprudence asks "what should law be?", while analytic jurisprudence asks "what
7200-683: The Manusmriti (c. 100–300 AD) were foundational treatises in India, and comprise texts considered authoritative legal guidance. Manu's central philosophy was tolerance and pluralism , and was cited across Southeast Asia. During the Muslim conquests in the Indian subcontinent , sharia was established by the Muslim sultanates and empires, most notably Mughal Empire 's Fatawa-e-Alamgiri , compiled by emperor Aurangzeb and various scholars of Islam. In India,
7350-454: The "is" and what "ought to be" problem. Bentham and Austin argued for law's positivism ; that real law is entirely separate from "morality". Kant was also criticised by Friedrich Nietzsche , who rejected the principle of equality, and believed that law emanates from the will to power , and cannot be labeled as "moral" or "immoral". In 1934, the Austrian philosopher Hans Kelsen continued
7500-416: The 2009 Western Australian daylight saving referendum ). Historically, they are used by Australians interchangeably and a plebiscite was considered another name for a referendum. In Ireland, 'plebiscite' referred to the vote to adopt its constitution, but a subsequent vote to amend the constitution is called a 'referendum', as is a poll of the electorate on a non-constitutional bill. The name and use of
7650-640: The Cape province and a strong majority in Natal opposing it. The Republic of South Africa Constitution Act, 1983 , again approved by a whites-only referendum, created the Tricameral Parliament , with separate houses representing Whites , Coloureds and Indians but without representation for Blacks . The figurehead State President and executive Prime Minister were merged into an executive State President, chosen by parliament. This contradiction remains to date and
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#17328476777517800-497: The Codex Hammurabi . The most intact copy of these stelae was discovered in the 19th century by British Assyriologists , and has since been fully transliterated and translated into various languages, including English, Italian, German, and French. The Old Testament dates back to 1280 BC and takes the form of moral imperatives as recommendations for a good society. The small Greek city-state, ancient Athens , from about
7950-591: The Council of Europe member states to bring cases relating to human rights issues before it. Some countries allow their highest judicial authority to overrule legislation they determine to be unconstitutional . For example, in Brown v. Board of Education , the United States Supreme Court nullified many state statutes that had established racially segregated schools, finding such statutes to be incompatible with
8100-478: The Early Middle Ages , Roman law was rediscovered around the 11th century when medieval legal scholars began to research Roman codes and adapt their concepts to the canon law , giving birth to the jus commune . Latin legal maxims (called brocards ) were compiled for guidance. In medieval England, royal courts developed a body of precedent which later became the common law . A Europe-wide Law Merchant
8250-559: The English Court of Common Pleas had five. This powerful and tight-knit judiciary gave rise to a systematised process of developing common law. As time went on, many felt that the common law was overly systematised and inflexible, and increasing numbers of citizens petitioned the King to override the common law. On the King's behalf, the Lord Chancellor started giving judgments to do what
8400-1218: The Enlightenment . Then, in the 19th century, both France, with the Code Civil , and Germany, with the Bürgerliches Gesetzbuch , modernised their legal codes. Both these codes heavily influenced not only the law systems of the countries in continental Europe but also the Japanese and Korean legal traditions. Today, countries that have civil law systems range from Russia and Turkey to most of Central and Latin America . In common law legal systems, decisions by courts are explicitly acknowledged as "law" on equal footing with legislative statutes and executive regulations . The "doctrine of precedent", or stare decisis (Latin for "to stand by decisions") means that decisions by higher courts bind lower courts to assure that similar cases reach similar results. In contrast , in civil law systems, legislative statutes are typically more detailed, and judicial decisions are shorter and less detailed because
8550-496: The Financial and Fiscal Commission which came into force on 1 December 2003. It made various amendments to provisions affecting the financial management of national and provincial government, including: Law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as
8700-532: The Financial and Fiscal Commission , to advise government on financial matters, and the Reserve Bank , to oversee the currency . Economist Jacques Jonker has criticised the provisions of Chapter 13 as being insufficient to guard against fiscal imprudence, and has suggested that it be amended in line with other constitutions such as that of Spain in order to enforce fiscal discipline. The final chapter deals with transitional and incidental provisions. In particular,
8850-551: The Fourteenth Amendment to the United States Constitution . A judiciary is theoretically bound by the constitution, just as all other government bodies are. In most countries judges may only interpret the constitution and all other laws. But in common law countries, where matters are not constitutional, the judiciary may also create law under the doctrine of precedent . The UK, Finland and New Zealand assert
9000-645: The French , but mostly the German Civil Code. This partly reflected Germany's status as a rising power in the late 19th century. Similarly, traditional Chinese law gave way to westernisation towards the final years of the Qing Dynasty in the form of six private law codes based mainly on the Japanese model of German law. Today Taiwanese law retains the closest affinity to the codifications from that period, because of
9150-527: The Hindu legal tradition, along with Islamic law, were both supplanted by common law when India became part of the British Empire . Malaysia, Brunei, Singapore and Hong Kong also adopted the common law system. The Eastern Asia legal tradition reflects a unique blend of secular and religious influences. Japan was the first country to begin modernising its legal system along Western lines, by importing parts of
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#17328476777519300-884: The Independent Communications Authority . Chapter 10 lists values and principles for the administration of the civil service and establishes the Public Service Commission to oversee it. Chapter 11 establishes structures for civilian control of the Defence Force , the Police Service and the intelligence services . It makes the President the Commander-in-Chief of the defence force but places conditions on when and how it may be employed and requires regular reports to Parliament. The police service
9450-541: The Judicial Service Commission . These responsibilities were merged into a single post, reflecting the pre-eminence of the Constitutional Court at the apex of the court system. Other provisions of the amendment: The Constitution Seventh Amendment Act (formerly the Constitution of the Republic of South Africa Second Amendment Act, 2001) came into force on 26 April 2002, except for provisions affecting
9600-438: The Latin Church sui juris . The Eastern Catholic Churches, which developed different disciplines and practices, are governed by the Code of Canons of the Eastern Churches . The canon law of the Catholic Church influenced the common law during the medieval period through its preservation of Roman law doctrine such as the presumption of innocence . Roman Catholic canon law is a fully developed legal system, with all
9750-423: The Old Norse word lǫg . The singular form lag meant ' something laid or fixed ' while its plural meant ' law ' . But what, after all, is a law? [...] When I say that the object of laws is always general, I mean that law considers subjects en masse and actions in the abstract, and never a particular person or action. [...] On this view, we at once see that it can no longer be asked whose business it
9900-462: The Quran has some law, and it acts as a source of further law through interpretation, Qiyas (reasoning by analogy), Ijma (consensus) and precedent . This is mainly contained in a body of law and jurisprudence known as Sharia and Fiqh respectively. Another example is the Torah or Old Testament , in the Pentateuch or Five Books of Moses. This contains the basic code of Jewish law, which some Israeli communities choose to use. The Halakha
10050-407: The Union of South Africa , a self-governing dominion . The Republic of South Africa Constitution Act, 1961 transformed the union into a republic, replacing the Queen with a State President , but otherwise leaving the system of government largely unchanged. In a referendum , the first national election with a solely white electorate, the Act was narrowly approved, with a substantial minority in
10200-626: The absolutist theory of Thomas Hobbes ' Leviathan . Sun Yat-sen 's Five Power Constitution for the Republic of China took the separation of powers further by having two additional branches of government—a Control Yuan for auditing oversight and an Examination Yuan to manage the employment of public officials. Max Weber and others reshaped thinking on the extension of state. Modern military, policing and bureaucratic power over ordinary citizens' daily lives pose special problems for accountability that earlier writers such as Locke or Montesquieu could not have foreseen. The custom and practice of
10350-496: The rights encoded therein. The law shapes politics , economics , history and society in various ways and also serves as a mediator of relations between people. Legal systems vary between jurisdictions , with their differences analysed in comparative law . In civil law jurisdictions, a legislature or other central body codifies and consolidates the law. In common law systems, judges may make binding case law through precedent, although on occasion this may be overturned by
10500-401: The separation of powers with an impartial judiciary , provincial and local levels of government with democratic representation, and protection of the diversity of languages and cultures . The Bill of Rights, now in Chapter Two of the Constitution of South Africa , was largely written by Kader Asmal and Albie Sachs . The new constitutional text was to be tested against these principles by
10650-597: The "basic pattern of legal reasoning is reasoning by example"—that is, reasoning by comparing outcomes in cases resolving similar legal questions. In a U.S. Supreme Court case regarding procedural efforts taken by a debt collection company to avoid errors, Justice Sotomayor cautioned that "legal reasoning is not a mechanical or strictly linear process". Jurimetrics is the formal application of quantitative methods, especially probability and statistics , to legal questions. The use of statistical methods in court cases and law review articles has grown massively in importance in
10800-524: The 'referendum' is thought to have originated in the Swiss canton of Graubünden as early as the 16th century. After a reduction in the number of referendums in the Mid-twentieth century, the referendum as a political tool has been increasing in popularity since the 1970s. This increase has been attributed to dealignment of the public with political parties, as specific policy issues became more important to
10950-564: The 1977 Australian referendum, the winner was chosen by the system of preferential instant-runoff voting (IRV). Polls in Newfoundland (1949) and Guam (1982), for example, were counted under a form of the two-round system , and an unusual form of TRS was used in the 1992 New Zealand poll. Although California has not held multiple-choice referendums in the Swiss or Swedish sense (in which only one of several counter-propositions can be victorious, and
11100-424: The 22nd century BC, the ancient Sumerian ruler Ur-Nammu had formulated the first law code , which consisted of casuistic statements ("if … then ..."). Around 1760 BC, King Hammurabi further developed Babylonian law , by codifying and inscribing it in stone. Hammurabi placed several copies of his law code throughout the kingdom of Babylon as stelae , for the entire public to see; this became known as
11250-411: The 6th century, which were rediscovered by 11th century Italy. Roman law in the days of the Roman Republic and Empire was heavily procedural, and lacked a professional legal class. Instead a lay magistrate , iudex , was chosen to adjudicate. Decisions were not published in any systematic way, so any case law that developed was disguised and almost unrecognised. Each case was to be decided afresh from
11400-431: The 8th century BC was the first society to be based on broad inclusion of its citizenry, excluding women and enslaved people . However, Athens had no legal science or single word for "law", relying instead on the three-way distinction between divine law ( thémis ), human decree ( nomos ) and custom ( díkē ). Yet Ancient Greek law contained major constitutional innovations in the development of democracy . Roman law
11550-591: The Constitution provides that a bill to amend the Constitution can only be passed if at least two-thirds of the members of the National Assembly (that is, at least 267 of the 400 members) vote in favour of it. If the amendment affects provincial powers or boundaries, or if it amends the Bill of Rights, at least six of the nine provinces in the National Council of Provinces must also vote for it. To amend section 1 of
11700-469: The Constitution, which establishes the existence of South Africa as a sovereign, democratic state, and lays out the country's founding values, would require the support of three-quarters of the members of the National Assembly. There have been eighteen amendments since 1996. The Constitution First Amendment Act (formerly the Constitution of the Republic of South Africa Amendment Act, 1997) was signed by
11850-439: The Constitutional Court". The presiding judge of the Supreme Court of Appeal (SCA), who had previously had the title of Chief Justice, became instead "President of the Supreme Court of Appeal". The deputy heads of each court were also renamed similarly. Consequentially many provisions of the Constitution had to be amended where they made reference to the President of the Constitutional Court. These changes were intended to clarify
12000-438: The King's entourage of judges hold their courts and judgments at "a certain place" rather than dispensing autocratic justice in unpredictable places about the country. A concentrated and elite group of judges acquired a dominant role in law-making under this system, and compared to its European counterparts the English judiciary became highly centralised. In 1297, for instance, while the highest court in France had fifty-one judges,
12150-611: The MPNP proposed the development of a collection of "constitutional principles" with which the final constitution would have to comply, so that basic freedoms would be ensured and minority rights protected, without overly limiting the role of the elected constitutional assembly. The parties to the MPNP adopted this idea and proceeded to draft the Interim Constitution of 1993 , which was formally enacted by Parliament and came into force on 27 April 1994. The Interim Constitution provided for
12300-415: The President and Cabinet. Chapter 6 establishes the nine provinces of South Africa and defines the powers and structure of the provincial governments. The boundaries of the provinces are defined by reference to Schedule 1A to the Constitution, which refers in turn to the boundaries of the metropolitan and district municipalities . In some respects, the chapter is a template which a province may modify to
12450-519: The President on 28 August 1997 but had effect retroactively to 4 February 1997 when the constitution came into force. It had three provisions: This last change allowed the TRC to deal with various violent events, particularly the Bophuthatswana coup d'état and its aftermath, that had occurred in the run-up to the 1994 general elections . The Constitution Second Amendment Act (formerly the Constitution of
12600-502: The Quran as its constitution , and is governed on the basis of Islamic law. Iran has also witnessed a reiteration of Islamic law into its legal system after 1979. During the last few decades, one of the fundamental features of the movement of Islamic resurgence has been the call to restore the Sharia, which has generated a vast amount of literature and affected world politics . Socialist law
12750-470: The Republic of South Africa Amendment Act, 1998) came into force on 7 October 1998. It had five provisions: The Constitution Third Amendment Act (formerly the Constitution of the Republic of South Africa Second Amendment Act, 1998) came into force on 30 October 1998. It allowed for municipalities to be established across provincial boundaries by the agreement of the national and the relevant provincial governments. The changes it made were reversed in 2005 by
12900-1262: The Sharia: the Supreme Constitutional Court of Egypt may invalidate such laws, and in Iran the Guardian Council ensures the compatibility of the legislation with the "criteria of Islam". Prominent examples of legislatures are the Houses of Parliament in London, the Congress in Washington, D.C., the Bundestag in Berlin, the Duma in Moscow, the Parlamento Italiano in Rome and the Assemblée nationale in Paris. By
13050-530: The Twelfth Amendment. The Constitution Fourth Amendment Act and Constitution Fifth Amendment Act (formerly the Constitution of the Republic of South Africa Amendment Act, 1999 and Constitution of the Republic of South Africa Second Amendment Act, 1999) came into force on 19 March 1999. They were passed as two separate amendments because the Fourth contained provisions affecting provincial government, which required
13200-430: The U.S. , the two systems were merged . In developing the common law, academic writings have always played an important part, both to collect overarching principles from dispersed case law and to argue for change. William Blackstone , from around 1760, was the first scholar to collect, describe, and teach the common law. But merely in describing, scholars who sought explanations and underlying structures slowly changed
13350-567: The adjudicator is only writing to decide the single case, rather than to set out reasoning that will guide future courts. Common law originated from England and has been inherited by almost every country once tied to the British Empire (except Malta, Scotland , the U.S. state of Louisiana , and the Canadian province of Quebec ). In medieval England during the Norman conquest , the law varied shire-to-shire based on disparate tribal customs. The concept of
13500-580: The approval of the National Council of Provinces , while the Fifth did not. The Fourth Amendment: The Fifth Amendment: The Constitution Sixth Amendment Act (formerly the Constitution of the Republic of South Africa Amendment Act, 2001) came into force on 21 November 2001. Its main effect was to give the title of " Chief Justice of South Africa " to the presiding judge of the Constitutional Court of South Africa , who had previously been titled "President of
13650-536: The chapter contains a miscellaneous collection of provisions, Chapter 14 also repeals the Interim Constitution and refers to Schedule 6 to govern the process of transition to the new Constitution. Finally, it gives the Constitution its formal title, "Constitution of the Republic of South Africa, 1996," and defines the schedule for its commencement, under which the President set the date of commencement for most sections, although certain sections dealing with financial matters commenced only on 1 January 1998. Section 74 of
13800-525: The constitution be negotiated by consensus between the parties and then put to a referendum . Formal negotiations began in December 1991 at the Convention for a Democratic South Africa (CODESA). The parties agreed on a process whereby a negotiated transitional constitution would provide for an elected constitutional assembly to draw up a permanent constitution. The CODESA negotiations broke down, however, after
13950-455: The constitution key national principles, defines the country's flag and national anthem , and specifies the official languages and principles of government language policy. It defines South Africa as "one, sovereign, democratic state" based on principles of human rights, constitutional supremacy, the rule of law and universal adult suffrage. The chapter contains a supremacy clause which establishes that all other law and actions are subject to
14100-446: The constitution. Chapter 2 is a bill of rights which enumerates the civil, political , economic, social and cultural human rights of the people of South Africa. Most of these rights apply to anyone in the country, with the exception of the right to vote, the right to work and the right to enter the country, which apply only to citizens. They also apply to juristic persons to the extent that they are applicable, taking into account
14250-479: The context of representative democracy . They tend to be used quite selectively, covering issues such as changes in voting systems, where currently elected officials may not have the legitimacy or inclination to implement such changes. Since the end of the 18th century, hundreds of national referendums have been organised in the world; almost 600 national votes have been held in Switzerland since its inauguration as
14400-427: The courts. Chapter 4 defines the structure of Parliament , the legislative branch of the national government. Parliament consists of two houses, the National Assembly (the lower house ), which is directly elected by the people, and the National Council of Provinces (the upper house ), which is elected by the provincial legislatures . The Chapter defines the principles governing the election and dissolution of
14550-453: The declaration of states of emergency and provides for the rights of people detained as a result. Chapter 3 deals with the relationships between organs of government in the three "spheres" – national, provincial and local . It lays down a set of principles requiring them to co-operate in good faith and to act in the best interests of the people. It also requires them to attempt to settle disputes amicably before resorting to
14700-575: The defining features of any legal system. Civil law is the legal system used in most countries around the world today. In civil law the sources recognised as authoritative are, primarily, legislation —especially codifications in constitutions or statutes passed by government—and custom . Codifications date back millennia, with one early example being the Babylonian Codex Hammurabi . Modern civil law systems essentially derive from legal codes issued by Byzantine Emperor Justinian I in
14850-519: The effective margin for later governments. Both these problems can be moderated by a combination of other measures as Referendums occur occasionally rather than periodically as elections are and they don’t offer the same kind of formal opposition. Because referendums affect for a longer term than legislative deliberation, a turnout and supermajority requirement is necessary to maintain principles of majoritarianism. In republic polities, referendums could be used to bypass legislatures and representatives by
15000-406: The executive acts as both head of state and head of government, and has power to appoint an unelected cabinet. Under a presidential system, the executive branch is separate from the legislature to which it is not accountable. Although the role of the executive varies from country to country, usually it will propose the majority of legislation, and propose government agenda. In presidential systems,
15150-482: The executive often has the power to veto legislation. Most executives in both systems are responsible for foreign relations , the military and police, and the bureaucracy. Ministers or other officials head a country's public offices, such as a foreign ministry or defence ministry . The election of a different executive is therefore capable of revolutionising an entire country's approach to government. Referendum A referendum , plebiscite , or ballot measure
15300-536: The first part deals with international law , providing that existing agreements binding South Africa will continue to bind it, and that new agreements (except those of a technical nature) will only be binding once approved by Parliament. It also provides that customary international law applies in South African unless it conflicts with national law, and that the courts must, where possible, interpret national law to be consistent with international law. The remainder of
15450-870: The golden age of Roman law and aimed to restore it to the peak it had reached three centuries before." The Justinian Code remained in force in the East until the fall of the Byzantine Empire . Western Europe, meanwhile, relied on a mix of the Theodosian Code and Germanic customary law until the Justinian Code was rediscovered in the 11th century, which scholars at the University of Bologna used to interpret their own laws. Civil law codifications based closely on Roman law, alongside some influences from religious laws such as canon law , continued to spread throughout Europe until
15600-460: The houses, qualifications for membership of Parliament, quorum requirements, procedures for the election of presiding officers, and the powers and privileges and immunities of Parliament and its members. It lays down the process for enacting bills into law; different procedures are provided for constitutional amendments, ordinary bills not affecting provincial matters, ordinary bills affecting provincial matters, and money bills . Chapter 5 defines
15750-524: The idea of the rule of law because he did not accept the primacy of abstract normative principles over concrete political positions and decisions. Therefore, Schmitt advocated a jurisprudence of the exception ( state of emergency ), which denied that legal norms could encompass all of the political experience. Later in the 20th century, H. L. A. Hart attacked Austin for his simplifications and Kelsen for his fiction in The Concept of Law . Hart argued law
15900-428: The ideal of parliamentary sovereignty , whereby the unelected judiciary may not overturn law passed by a democratic legislature. In communist states , such as China, the courts are often regarded as parts of the executive, or subservient to the legislature; governmental institutions and actors exert thus various forms of influence on the judiciary. In Muslim countries, courts often examine whether state laws adhere to
16050-484: The inseparable prefix re- , here meaning "back" ). As a gerundive is an adjective , not a noun , it cannot be used alone in Latin, and must be contained within a context attached to a noun such as Propositum quod referendum est populo , "A proposal which must be carried back to the people". The addition of the verb sum (3rd person singular, est ) to a gerundive, denotes the idea of necessity or compulsion, that which "must" be done, rather than that which
16200-564: The last few decades. It is a real unity of them all in one and the same person, made by covenant of every man with every man, in such manner as if every man should say to every man: I authorise and give up my right of governing myself to this man, or to this assembly of men, on this condition; that thou givest up, thy right to him, and authorise all his actions in like manner. Thomas Hobbes, Leviathan , XVII The main institutions of law in industrialised countries are independent courts , representative parliaments, an accountable executive,
16350-502: The law more difficult. A government usually leads the process, which can be formed from Members of Parliament (e.g. the UK or Germany). However, in a presidential system, the government is usually formed by an executive and his or her appointed cabinet officials (e.g. the United States or Brazil). The executive in a legal system serves as the centre of political authority of the State . In
16500-731: The law. The former are legal syllogism , which holds sway in civil law legal systems, analogy , which is present in common law legal systems, especially in the US, and argumentative theories that occur in both systems. The latter are different rules (directives) of legal interpretation such as directives of linguistic interpretation, teleological interpretation or systemic interpretation as well as more specific rules, for instance, golden rule or mischief rule . There are also many other arguments and cannons of interpretation which altogether make statutory interpretation possible. Law professor and former United States Attorney General Edward H. Levi noted that
16650-577: The laws of the State, which mirrors the (theoretical) unimportance of judges' decisions for future cases in civil law systems today. From 529 to 534 AD the Byzantine Emperor Justinian I codified and consolidated Roman law up until that point, so that what remained was one-twentieth of the mass of legal texts from before. This became known as the Corpus Juris Civilis . As one legal historian wrote, "Justinian consciously looked back to
16800-426: The legal profession is an important part of people's access to justice , whilst civil society is a term used to refer to the social institutions, communities and partnerships that form law's political basis. A judiciary is a number of judges mediating disputes to determine outcome. Most countries have systems of appeal courts, with an apex court as the ultimate judicial authority. In the United States, this authority
16950-682: The losing proposals are wholly null and void), it does have so many yes-or-no referendums at each election day that conflicts arise. The State's constitution provides a method for resolving conflicts when two or more inconsistent propositions are passed on the same day. This is a de facto form of approval voting —i.e. the proposition with the most "yes" votes prevails over the others to the extent of any conflict. Other voting systems that could be used in multiple-choice referendum are Condorcet method and quadratic voting (including quadratic funding ). Quorums are typically introduced to prevent referendum results from being skewed by low turnout or decided by
17100-472: The mid-1940s, efforts have been made, in country after country, to bring Sharia law more into line with modern conditions and conceptions. In modern times, the legal systems of many Muslim countries draw upon both civil and common law traditions as well as Islamic law and custom. The constitutions of certain Muslim states, such as Egypt and Afghanistan, recognise Islam as the religion of the state, obliging legislature to adhere to Sharia. Saudi Arabia recognises
17250-510: The military and police, bureaucratic organisation, the legal profession and civil society itself. John Locke, in his Two Treatises of Government , and Baron de Montesquieu in The Spirit of the Laws , advocated for a separation of powers between the political, legislature and executive bodies. Their principle was that no person should be able to usurp all powers of the state , in contrast to
17400-669: The most influential. In contrast to English common law, which consists of enormous tomes of case law, codes in small books are easy to export and easy for judges to apply. However, today there are signs that civil and common law are converging. EU law is codified in treaties, but develops through de facto precedent laid down by the European Court of Justice . Ancient India and China represent distinct traditions of law, and have historically had independent schools of legal theory and practice. The Arthashastra , probably compiled around 100 AD (although it contains older material), and
17550-485: The municipality in order to build proper sustainable development to the people that resides on that municipality. Because we have Traditional leaders that do not have daily duties day in and day out; in short they must be part of mayoral council. Chapter 13 deals with public finance . It establishes a National Revenue Fund , from which money may be appropriated only by an act of Parliament, and Provincial Revenue Funds , from which money may only be appropriated by an act of
17700-469: The national government over other matters, listed in Schedule 4. The chapter regulates the conflict between national and provincial legislation on the same topic, setting out the circumstances under which one or the other will prevail. Chapter 7 sets out a framework for local government . It requires municipalities to be established for the whole territory of South Africa, and provides for three categories of municipalities, whereby some areas are governed by
17850-414: The nature of the right. The rights enumerated are: Section 36 allows the rights listed to be limited only by laws of general application, and only to the extent that the restriction is reasonable and justifiable in "an open and democratic society based on human dignity, equality and freedom." Section 37 allows certain rights to be limited during a state of emergency but places strict procedural limits on
18000-505: The necessary elements: courts , lawyers , judges, a fully articulated legal code, principles of legal interpretation, and coercive penalties, though it lacks civilly-binding force in most secular jurisdictions. Until the 18th century, Sharia law was practiced throughout the Muslim world in a non-codified form, with the Ottoman Empire 's Mecelle code in the 19th century being a first attempt at codifying elements of Sharia law. Since
18150-404: The new constitution was required to comply. These included multi-party democracy with regular elections and universal adult suffrage , supremacy of the constitution over all other law, a quasi- federal system in place of centralised government , non- racism and non- sexism , the protection of "all universally accepted fundamental rights, freedoms and civil liberties ," equality before the law,
18300-465: The newly established Constitutional Court . If the text complied with the principles, it would become the new constitution; if it did not, it would be referred back to the Constitutional Assembly. The Constitutional Assembly engaged in a massive public participation programme to solicit views and suggestions from the public. As the deadline for the adoption of a constitutional text approached, however, many issues were hashed out in private meetings between
18450-538: The notion of justice, and re-entered the mainstream of Western culture through the writings of Thomas Aquinas , notably his Treatise on Law . Hugo Grotius , the founder of a purely rationalistic system of natural law, argued that law arises from both a social impulse—as Aristotle had indicated—and reason. Immanuel Kant believed a moral imperative requires laws "be chosen as though they should hold as universal laws of nature". Jeremy Bentham and his student Austin, following David Hume , believed that this conflated
18600-491: The parties' representatives. On 8 May 1996, a new text was adopted with the support of 86 per cent of the members of the assembly, but in the First Certification judgment, delivered on 6 September 1996, the Constitutional Court refused to certify this text. The Constitutional Court identified a number of provisions that did not comply with the constitutional principles. Areas of non-compliance included failures to protect
18750-564: The positivist tradition in his book the Pure Theory of Law . Kelsen believed that although law is separate from morality, it is endowed with "normativity", meaning we ought to obey it. While laws are positive "is" statements (e.g. the fine for reversing on a highway is €500); law tells us what we "should" do. Thus, each legal system can be hypothesised to have a ' basic norm ' ( German : Grundnorm ) instructing us to obey. Kelsen's major opponent, Carl Schmitt , rejected both positivism and
18900-483: The positivists for their refusal to treat law as a moral issue. Dworkin argues that law is an " interpretive concept" that requires judges to find the best fitting and most just solution to a legal dispute, given their Anglo-American constitutional traditions. Joseph Raz , on the other hand, defended the positivist outlook and criticised Hart's "soft social thesis" approach in The Authority of Law . Raz argues that law
19050-515: The previous text. Some dealt with the court's reasons for non-certification, while others tightened up the text. The amended text was returned to the Constitutional Court to be certified, which the court duly did in its Second Certification judgment, delivered on 4 December. The Constitution was signed by President Mandela on 10 December and officially published in the Government Gazette on 18 December. It did not come into force immediately; it
19200-416: The principle of representative government people vote for politicians to carry out their wishes. Although countries like Israel, Greece, Sweden and China are unicameral , most countries are bicameral , meaning they have two separately appointed legislative houses. In the 'lower house' politicians are elected to represent smaller constituencies . The 'upper house' is usually elected to represent states in
19350-534: The provincial legislature. It provides for an equitable distribution of national revenue to the provinces and municipalities, and grants provincial and local governments the powers to raise certain rates and taxes. It requires effective and transparent budgeting at all levels of government and gives the National Treasury the power to oversee budgetary processes. It places some restrictions on government procurement and government borrowing . The chapter establishes
19500-458: The public than party identifiers. The term "referendum" covers a variety of different meanings, and the terminology is different depending on the us that holds them. A referendum can be binding or advisory. In some countries, different names are used for these two types of referendum. Referendums can be further classified by who initiates them. David Altman proposes four dimensions that referendums can be classified by: A mandatory referendum
19650-469: The question of the extent to which law incorporates morality. John Austin 's utilitarian answer was that law is "commands, backed by threat of sanctions, from a sovereign, to whom people have a habit of obedience". Natural lawyers , on the other hand, such as Jean-Jacques Rousseau , argue that law reflects essentially moral and unchangeable laws of nature. The concept of "natural law" emerged in ancient Greek philosophy concurrently and in connection with
19800-522: The referendum has arisen from its use by dictators such as Adolf Hitler and Benito Mussolini who, it is argued, used the plebiscite to disguise oppressive policies as populism . Dictators may also make use of referendums as well as show elections to further legitimize their authority such as António de Oliveira Salazar in 1933 ; Benito Mussolini in 1934 ; Adolf Hitler in 1934 , 1936 ; Francisco Franco in 1947 ; Park Chung Hee in 1972 ; and Ferdinand Marcos in 1973 . Hitler's use of plebiscites
19950-797: The referendum to take place. In one such challenge, in 2017, the Spanish Constitutional Court suspended the Catalonia 's independence referendum . In post-referendum disputes, they challenge the result. British courts dismissed post-referendum challenges of the Brexit referendum. International tribunals have traditionally not interfered with referendum disputes. In 2021, the European Court of Human Rights extended its jurisdiction to referendums in its judgment Toplak and Mrak v. Slovenia , initiated by two disabled voters over polling place access . In Political Governance states that voters in
20100-499: The referendum. In the 2005 Italian fertility laws referendum , opposition to the proposed loosening of laws on research on embryos and on allowing in-vitro fertilization , campaigned for people to abstain from voting to drive down turnout. Although a majority of people voted yes for the changes in the law, the results were invalid because participation was low. Important referendums are frequently challenged in courts. In pre-referendum disputes, plaintiffs have often tried to prevent
20250-570: The right of employees to engage in collective bargaining; to provide for the constitutional review of ordinary statutes; to entrench fundamental rights, freedoms and civil liberties and to sufficiently safeguard the independence of the Public Protector and Auditor-General as well as other areas of non-compliance in relation to local government responsibilities and powers. The Constitutional Assembly reconvened and, on 11 October, adopted an amended constitutional text containing many changes relative to
20400-519: The second plenary session in May 1992. One of the major points of dispute was the size of the supermajority that would be required for the assembly to adopt the constitution: The NP wanted a 75 per cent requirement, which would effectively have given it a veto. In April 1993, the parties returned to negotiations, in what was known as the Multi-Party Negotiating Process (MPNP). A committee of
20550-402: The sharing of many features traditionally considered typical of either common law or civil law. The third type of legal system is religious law, based on scriptures . The specific system that a country is ruled by is often determined by its history, connections with other countries, or its adherence to international standards. The sources that jurisdictions adopt as authoritatively binding are
20700-454: The split between Chiang Kai-shek 's nationalists, who fled there, and Mao Zedong 's communists who won control of the mainland in 1949. The current legal infrastructure in the People's Republic of China was heavily influenced by Soviet Socialist law , which essentially prioritises administrative law at the expense of private law rights. Due to rapid industrialisation, today China is undergoing
20850-466: The structure of the South African judiciary . Previously, the President of the Constitutional Court was responsible for various constitutional responsibilities, such as calling the first session of Parliament after an election and presiding over the election of the President of the Republic at that session, while the Chief Justice was responsible for judicial administration, including for example chairing
21000-413: The structure of the judicial system . It defines the hierarchy consisting of Magistrates' Courts , the High Court , the Supreme Court of Appeal , and the Constitutional Court . It provides for the appointment of judges by the President on the advice of the Judicial Service Commission and establishes a single National Prosecuting Authority responsible for all criminal prosecutions. Chapter 9 creates
21150-405: The structure of the national executive and the powers of the President . It provides for the election and removal of the President by the National Assembly, and limits a President to two five-year terms. It vests in him or her the powers of the head of state and head of government; it provides for the appointment of a Cabinet by the President; and it provides for the accountability to Parliament of
21300-657: The votes, resort can be made to the two-round system or instant-runoff voting , which is also called IRV and PV. In 2018 the Irish Citizens' Assembly considered the conduct of future referendums in Ireland , with 76 of the members in favour of allowing more than two options, and 52% favouring preferential voting in such cases. Other people regard a non-majoritarian methodology like the Modified Borda Count (MBC) as more inclusive and more accurate. Swiss referendums offer
21450-614: The way the law actually worked. Religious law is explicitly based on religious precepts. Examples include the Jewish Halakha and Islamic Sharia —both of which translate as the "path to follow". Christian canon law also survives in some church communities. Often the implication of religion for law is unalterability because the word of God cannot be amended or legislated against by judges or governments. Nonetheless, most religious jurisdictions rely on further human elaboration to provide for thorough and detailed legal systems. For instance,
21600-418: The word "law" had two different and irreconcilable meanings. Thurman Arnold said that it is obvious that it is impossible to define the word "law" and that it is also equally obvious that the struggle to define that word should not ever be abandoned. It is possible to take the view that there is no need to define the word "law" (e.g. "let's forget about generalities and get down to cases "). One definition
21750-406: Was brought into operation on 4 February 1997, by a presidential proclamation, except for some financial provisions which were delayed until 1 January 1998. The constitution consists of a preamble, fourteen chapters containing 244 sections, and eight schedules. Each chapter deals with a particular topic; the schedules contain ancillary information referred to in the main text. Chapter 1 enshrines in
21900-467: Was equitable in a case. From the time of Sir Thomas More , the first lawyer to be appointed as Lord Chancellor, a systematic body of equity grew up alongside the rigid common law, and developed its own Court of Chancery . At first, equity was often criticised as erratic. Over time, courts of equity developed solid principles , especially under Lord Eldon . In the 19th century in England, and in 1937 in
22050-490: Was formed so that merchants could trade with common standards of practice rather than with the many splintered facets of local laws. The Law Merchant, a precursor to modern commercial law, emphasised the freedom to contract and alienability of property. As nationalism grew in the 18th and 19th centuries, the Law Merchant was incorporated into countries' local law under new civil codes. The Napoleonic and German Codes became
22200-461: Was heavily influenced by Greek philosophy, but its detailed rules were developed by professional jurists and were highly sophisticated. Over the centuries between the rise and decline of the Roman Empire , law was adapted to cope with the changing social situations and underwent major codification under Theodosius II and Justinian I . Although codes were replaced by custom and case law during
22350-483: Was promulgated by President Nelson Mandela on 18 December 1996 and came into effect on 4 February 1997, replacing the Interim Constitution of 1993. The first constitution was enacted by the South Africa Act 1909 , the longest-lasting to date. Since 1961 , the constitutions have promulgated a republican form of government. Since 1997, the Constitution has been amended by eighteen amendment acts. The Constitution
22500-408: Was the creation of a new constitution. One of the major disputed issues was the process by which such a constitution would be adopted. The African National Congress (ANC) insisted that it should be drawn up by a democratically elected constituent assembly , while the governing National Party (NP) feared that the rights of minorities would not be protected in such a process, and proposed instead that
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