The Legal System and the Judiciary

A series of flashcards based on key concepts from the lecture on the legal system and judiciary.

What is the role of the judiciary in a state?

The judiciary arbitrates social conflicts by using proper legal standards and ensures that the law is followed by everyone.

What is one of the pillars of democracy according to the lecture?

An impartial, independent court that administers the law without favoritism, fear, or bias.

How do rules of law differ from other societal rules?

Only rules of law can be enforced by the government.

What is the primary purpose of the rule of law?

To fairly govern societal matters, allowing for peaceful and orderly coexistence.

What historical influences shape the South African legal system?

The synthesis of Roman-Dutch law and English law, along with indigenous law.

What does the principle of constitutional supremacy entail?

The Constitution is the highest law, subjecting all laws and government entities to its authority.

What is the classification of law into private and public based on?

The nature of the relationships governed by the law, with private law governing relationships among individuals and public law regulating relationships involving the state.

What are the two types of magistrates' courts in South Africa?

District and regional magistrates' courts.

What type of law does the Constitutional Court primarily deal with?

Constitutional matters and issues connected with constitutional matters.

What is the role of the Judicial Service Commission (JSC)?

To enhance judicial independence and recommend candidates for judicial appointments.

Why is the independence of the courts vital in a democratic society?

It allows the judiciary to act as a referee, controlling other branches of government without interference.

What recent trends have affected the content of legal classifications in South Africa?

The influence of factors such as the Fourth Industrial Revolution and the COVID-19 pandemic on the law.

What is meant by transformative constitutionalism?

The goal of the Constitution to change South African society from a discriminatory past to one based on freedom, equality, and dignity.

What is the doctrine of precedent?

A legal principle where lower courts are bound by the decisions of higher courts.

What are special courts?

Courts established to handle specific types of cases, such as labor disputes or tax issues.