Our Constitution is the most important – or supreme – law of the land. No other law may conflict with it; nor may the Government do anything that violates it. In a constitutional democracy such as ours, the Constitution is superior to Parliament and is the yardstick by which all other laws are judged.
Why is South African legislation important?
It enshrines the rights of all people in South Africa and affirms the democratic values of human dignity, equality and freedom. While every person is entitled to these rights, they also have a responsibility to respect them. The Bill of Rights binds the legislature, the executive, judiciary and all organs of State.
What is South African legislation?
Parliament is the legislative authority of South Africa and has the power to make laws for the country, in accordance with the Constitution. It consists of the National Assembly and the National Council of Provinces (NCOP). Parliamentary sittings are open to the public.
What is Constitution and why it is important?
A constitution is important because it ensures that those who make decisions on behalf of the public fairly represent public opinion. It also sets out the ways in which those who exercise power may be held accountable to the people they serve.
What are the 3 pieces of legislation?
Types of Legislation
- Primary Legislation. Primary legislation outlines general principles and provides powers for further regulation. …
- Secondary Legislation. Secondary legislation comprises detailed provisions covering a specific subject area. …
- Regional and Local Legislation. …
- Constitutional Protection of Animals.
What are the 5 types of legislation?
There are different types of laws namely, contract law, property law, trust law, criminal law, constitutional law and administrative law. Constitutional law provides a framework for the creation of law, the protection of human rights and the election of political representatives.
What is the punishment for intimidation in South Africa?
Content of the Act
If found guilty, a R20,000 fine or imprisonment of no less than 10 years or both. It also defines the onus on the accused to prove a lawful reason for the offence described in section 1.1.
What are the 5 sources of South African 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.
Why does South Africa not have a codification of law?
South African law is not codified, which means it is not recorded into one comprehensive piece of legislation. Our law has been influenced by Roman; Roman-Dutch; and English law given the history of our country. … This history brings us to the main sources of the law today in South Africa.
What are the four basic types of legislation?
There are four basic types of legislation: bills; joint resolutions; concurrent resolutions; and simple resolutions. A bill’s type must be determined. A private bill affects a specific person or organization rather than the population at large. A public bill is one that affects the general public.
What are some examples of legislation?
Legislation is defined as laws and rules made by the government. An example of legislation is a new state rule that changes textbook requirements.
How is legislation passed?
First, a representative sponsors a bill. … If the bill passes by simple majority (218 of 435), the bill moves to the Senate. In the Senate, the bill is assigned to another committee and, if released, debated and voted on. Again, a simple majority (51 of 100) passes the bill.