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Sources of Law
Any institution or authority that provides the basis for legal rules and principles.
Legal Certainty
Essential for ensuring that laws are clear, predictable, and accessible, allowing individuals to understand their rights and obligations.
Primary Sources
Binding legal rules generated by institutions with law-making authority, including legislation and judicial decisions.
Secondary Sources
Non-binding materials providing commentary or information on primary sources, such as textbooks and legal articles.
The Constitution
The supreme law of South Africa, which outlines the framework for the legal system and the rights of citizens.
Legislation
Written laws passed by recognized legislative bodies, including national, provincial, and local levels.
Common Law
Law based on Roman-Dutch law, developed through judicial decisions over time and influenced by English law.
Judicial Precedent
The principle that lower courts must follow the decisions of higher courts in similar cases to ensure consistency in the law.
Customary Law
Traditional customs and practices of indigenous communities, recognized in specific contexts like family law and inheritance.
International Law
Law that applies between states and can influence domestic law when ratified by South Africa.
Separation of Powers
A principle where the Constitution establishes separate branches of government to prevent abuse of power.
