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Questions and Answers
Which term refers to statutory compilations of legal principles for a specific branch of law?
Which term refers to statutory compilations of legal principles for a specific branch of law?
- Case law
- Indigenous law
- Codifications (correct)
- Common law
In the precedent system, what does 'stare decisis' mean?
In the precedent system, what does 'stare decisis' mean?
- Changes in modern society
- Original legislation
- Judgments of higher courts bind lower courts (correct)
- Unwritten customary law
What is the term for the traditional law of indigenous black people in South Africa?
What is the term for the traditional law of indigenous black people in South Africa?
- Statute law
- Case law
- Common law
- Indigenous law (correct)
Which legal system includes judgments of various courts in specific cases as part of its foundation?
Which legal system includes judgments of various courts in specific cases as part of its foundation?
What plays an ever-increasing role in common-law legal systems according to the text?
What plays an ever-increasing role in common-law legal systems according to the text?
How can the common law be changed according to the text?
How can the common law be changed according to the text?
How does the Orange Free State Civil Protection Ordinance 10 of 1977 define a 'disaster'?
How does the Orange Free State Civil Protection Ordinance 10 of 1977 define a 'disaster'?
Based on section 1(4) of the Labour Relations Act 28 of 1956, what can be inferred about unfair labour practices?
Based on section 1(4) of the Labour Relations Act 28 of 1956, what can be inferred about unfair labour practices?
Who has the authority to declare a situation as a 'disaster' according to the Orange Free State Civil Protection Ordinance 10 of 1977?
Who has the authority to declare a situation as a 'disaster' according to the Orange Free State Civil Protection Ordinance 10 of 1977?
What does section 1(4) of the Labour Relations Act 28 of 1956 specify about strikes and lock-outs?
What does section 1(4) of the Labour Relations Act 28 of 1956 specify about strikes and lock-outs?
According to the Orange Free State Civil Protection Ordinance, when will a state be considered a 'disaster'?
According to the Orange Free State Civil Protection Ordinance, when will a state be considered a 'disaster'?
What does the Labour Relations Act 28 of 1956 imply about the interpretation of unfair labor practices?
What does the Labour Relations Act 28 of 1956 imply about the interpretation of unfair labor practices?
What makes it difficult for all members of a legislative body to exercise collective intention?
What makes it difficult for all members of a legislative body to exercise collective intention?
Why might some members of the legislature support legislation even if they are personally opposed to it?
Why might some members of the legislature support legislation even if they are personally opposed to it?
Who typically drafts a Bill introduced in the legislature?
Who typically drafts a Bill introduced in the legislature?
Why is the intention of the legislature subject to individual members' intentions?
Why is the intention of the legislature subject to individual members' intentions?
What role do parliamentarians play in adopting legislation?
What role do parliamentarians play in adopting legislation?
Why might some members of the legislative body be absent during voting on draft legislation?
Why might some members of the legislative body be absent during voting on draft legislation?
What is the main focus of interpreting statutes according to the text?
What is the main focus of interpreting statutes according to the text?
Which term is closely associated with the principle of the sovereignty of parliament?
Which term is closely associated with the principle of the sovereignty of parliament?
According to Steyn (1980), how did he define statutory interpretation?
According to Steyn (1980), how did he define statutory interpretation?
What does interpreting statutes involve according to the text?
What does interpreting statutes involve according to the text?
Why is determining the purpose of legislation essential in statutory interpretation?
Why is determining the purpose of legislation essential in statutory interpretation?
How does understanding legislative schemes differ from identifying individual intentions?
How does understanding legislative schemes differ from identifying individual intentions?
What was the Constitutional Court's decision in the case of Soobramoney v Minister of Health, KwazuluNatal?
What was the Constitutional Court's decision in the case of Soobramoney v Minister of Health, KwazuluNatal?
In the case of Carmichele v Minister of Safety and Security, what did the Constitutional Court link the constitutional rights to life and freedom and security of the person to?
In the case of Carmichele v Minister of Safety and Security, what did the Constitutional Court link the constitutional rights to life and freedom and security of the person to?
According to Du Plessis (1999: 230), how should one understand a legal text?
According to Du Plessis (1999: 230), how should one understand a legal text?
In Makwanyane and Ex parte Minister of Safety and Security, what did the Constitutional Court establish regarding the existing right to kill in self-defence?
In Makwanyane and Ex parte Minister of Safety and Security, what did the Constitutional Court establish regarding the existing right to kill in self-defence?
What did the phrase 'Everyone has the right to life' reveal according to the text?
What did the phrase 'Everyone has the right to life' reveal according to the text?
Based on the information provided, why is interpreting legislation considered intricate and nuanced?
Based on the information provided, why is interpreting legislation considered intricate and nuanced?
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Study Notes
South African Common Law
- Based on Roman-Dutch law, originated in 17th century Holland
- Distinct from codifications (statutory compilations of legal principles)
- Can be changed by original legislation, or applies when no statutory law exists
Indigenous Law
- Traditional law of South Africa's indigenous black people
- Can be unwritten customary law or codified (statutory compilations)
Case Law
- Law as decided by courts in specific cases
- Precedent system (stare decisis): higher court judgments bind lower courts and courts of equal status
Statute Law
- Plays an increasing role in common-law systems
- Legislation may have been viewed as exceptions to common law, but rapid societal changes have stretched adaptability of common-law rules
Constitutional Court Rulings
- Makwanyane and Ex parte Minister of Safety and Security (2002): right to kill in self-defense was not abolished by the Constitution
- Soobramoney v Minister of Health, KwazuluNatal (1998): constitutional right to life does not mean the state has a duty to keep all terminal patients alive
- Carmichele v Minister of Safety and Security (2001): linked constitutional rights to life and freedom, and security of the person
Interpretation of Legislation
- Not just about reading and spelling skills, but also considering context, competing human rights, and fundamental values
- Example: Section 1 of the Orange Free State Civil Protection Ordinance 10 of 1977 defines a 'disaster' in a complex and tongue-twisting way
Purpose or Intention of Legislation
- Determining what the legislation aims to accomplish in the legal order
- Also referred to as the 'intention of the legislature', 'purpose of the legislation', or 'legislative scheme'
- Influenced by the principle of sovereignty of parliament and the democratic legislative process
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