lu5 LO1 Compare the features of modern constitutionalism.docx

Constitutionalism

The principle that the authority of government is defined and limited by a constitution.

Separation of Powers

The division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another.

Rule of Law

The principle that all people and institutions are subject to and accountable to the law that is fairly applied and enforced.

Customary Law

Law that is based on customs and practices of a particular community as opposed to written legislation.

Traditional Leadership

A form of governance that relies on established social norms and the authority of tribal leaders.

Legitimacy Rule

The recognition and acceptance of authority derived from established customs or historical roots.

Indirect Rule

A colonial policy of foreign control where local rulers maintain their authority under the guidance of the colonial government.

Democratic Government

A system of government in which the citizens exercise power directly or elect representatives to form a governing body.

Succession in Traditional Leadership

The process through which a new leader is chosen within traditional systems, often based on lineage and familial relations.

Male Primogeniture

The legal principle whereby the firstborn son inherits the estate and titles.

Traditional Courts

Customary courts established under local customs to adjudicate community disputes.

Traditional Leadership and Governance Framework Act

An act intended to define the role of traditional leadership in a democratic governance framework.

TKLA (Traditional and Khoi-San Leadership Act)

Legislation that outlines the recognition and role of traditional leaders in South Africa, promoting inclusivity and constitutional values.

Shilubana v Nwamitwa

A significant legal case acknowledging that women can be recognized as traditional leaders under customary law.

Public Participation

The involvement of the general public in the creation of policies and legislation that affect them.

Mogale and Others v Speaker of the National Assembly

Court case declaring the Traditional and Khoi-San Leadership Act unconstitutional due to lack of public participation.

Khoi-San Communities

Indigenous groups in South Africa recognized under the TKLA, promoting their rights and representation.

Bill of Rights

A formal statement of the fundamental rights of the citizens of a country.

Gender Representation

The proportional representation of different genders within a specific context, ensuring equality and equity.

Rito ra mufi a ri tluriwi

A principle emphasizing the wishes of a deceased leader must be respected regarding marital arrangements for succession.

Community Courts

Informal courts where disputes are settled based on local customs and practices, often outside of formal judicial systems.

Section 211 of the Constitution

Specifies the recognition and role of traditional leadership in South Africa, contingent upon adherence to constitutional principles.

Section 40 and 41

Established guidelines for cooperative governance between traditional authorities and local municipalities.