South African constitutional law is the area of
South African law relating to the interpretation and application of the
Constitution of the Republic of South Africa by the country's courts. All laws of
South Africa must conform with the Constitution; any laws inconsistent with the Constitution have no force or effect.
Constitutions
South Africa is generally considered to have had five constitutional documents since the
Union was established in 1910, including the current one. The constitutions in chronological order are:
*
South Africa Act 1909
*
Constitution of South Africa, 1961 (also known as the "Republican Constitution")
*
Constitution of South Africa, 1983 (also known as the "Tricameral Constitution")
*
Constitution of South Africa, 1993 (also known as the "Interim Constitution")
*
Constitution of South Africa, 1996
The Constitution of South Africa is the supreme law of the Republic of South Africa. It provides the legal foundation for the existence of the republic, it sets out the rights and duties of its citizens, and defines the structure of the G ...
(also known as the "Final Constitution")
The Interim Constitution abolished South Africa's system of
parliamentary sovereignty and replaced it with a dispensation wherein the Constitution is the supreme law, as opposed to the will of
Parliament. The previous three constitutions were all subject to parliamentary amendment with, generally, a
simple majority, therefore were not considered extraordinary statutes.
Cases
* ''
'' 2010 (5) BCLR 422 (CC).
* ''
'' 2000 (3) SA 936 (CC).
* ''
De Lille and Another v Speaker of the National Assembly
''De Lille and Another v Speaker of the National Assembly'', an important case in South African constitutional law, was heard in the Cape Provincial Division from April 3 to 7, 1998, with judgment handed down on May 8. It was subsequently confirmed ...
'' 1998 (3) SA 430 (C).
* ''
'' 2007 (3) SA 484 (CC).
* ''
Khala v Minister of Safety and Security
''Khala v Minister of Safety and Security'' is an important case in South African law.
Facts
The plaintiff had instituted action against the defendant for damages arising from an alleged unlawful arrest and detention. The defendant considered th ...
'' 1994 (4) SA 218 (W).
* ''
'' 1998 (4) SA 1127 (CC).
* ''
NCGLE v Minister of Justice
''National Coalition for Gay and Lesbian Equality and Another v Minister of Justice and Others'' is a decision of the Constitutional Court of South Africa which struck down the laws prohibiting consensual sexual activities between men. Basing its ...
''
* ''
Pharmaceutical Manufacturers Association of SA and Another: In Re Ex Parte President of the Republic of South Africa and Others'' 2000 (2) SA 674 (CC).
* ''
Speaker of the National Assembly v De Lille and Another
Speaker may refer to:
Society and politics
* Speaker (politics), the presiding officer in a legislative assembly
* Public speaker, one who gives a speech or lecture
* A person producing speech: the producer of a given utterance, especially:
** In ...
'' 1999 (4) SA 863 (SCA).
* ''
Zealand v Minister of Justice and Constitutional Development and Another'' 2008 (2) SACR 1 (CC).
Notes
Law of South Africa
Inheritance
{{SouthAfrica-law-stub