South African constitutional law is the area of

South African law South Africa has a 'hybrid' or legal pluralism, 'mixed' legal system, formed by the interweaving of a number of distinct legal traditions: a civil law (legal system), civil law system inherited from Dutch Empire, the Dutch, a common law system ...

relating to the interpretation and application of the

Constitution of the Republic of South Africa 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 Govern ...

by the country's courts. All laws of

South Africa South Africa, officially the Republic of South Africa (RSA), is the Southern Africa, southernmost country in Africa. It is bounded to the south by of coastline that stretch along the Atlantic Ocean, South Atlantic and Indian Oceans; to the ...

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 Union commonly refers to: * Trade union, an organization of workers * Union (set theory), in mathematics, a fundamental operation on sets Union may also refer to: Arts and entertainment Music * Union (band), an American rock group ** ''Un ...

was established in 1910, including the current one. The constitutions in chronological order are: *

South Africa Act 1909 The South Africa Act 1909 was an Act of the Parliament of the United Kingdom, which created the Union of South Africa from the British Cape Colony, Colony of Natal, Orange River Colony, and Transvaal Colony. The Act also made provisions for p ...

* Constitution of South Africa, 1961 (also known as the "Republican Constitution") *

Constitution of South Africa, 1983 The Constitution of 1983 (formally the Republic of South Africa Constitution Act, 1983) was South Africa's third constitution. It replaced the republican constitution that had been adopted when South Africa became a republic in 1961 and was in ...

(also known as the "Tricameral Constitution") * Constitution of South Africa, 1993 (also known as the "Interim Constitution") * Constitution of South Africa, 1996 (also known as the "Final Constitution") The Interim Constitution abolished South Africa's system of

parliamentary sovereignty Parliamentary sovereignty, also called parliamentary supremacy or legislative supremacy, is a concept in the constitutional law of some parliamentary democracies. It holds that the legislative body has absolute sovereignty and is supreme over all ...

and replaced it with a dispensation wherein the Constitution is the supreme law, as opposed to the will of

Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...

. The previous three constitutions were all subject to parliamentary amendment with, generally, a simple majority, therefore were not considered extraordinary statutes.

Cases

* '' Billiton Aluminium SA Ltd t/a Hillside Aluminium v Khanyile and Others'' 2010 (5) BCLR 422 (CC). * '' Dawood and Another v Minister of Home Affairs and Others; Shalabi and Another v Minister of Home Affairs and Others; Thomas and Another v Minister of Home Affairs and Others'' 2000 (3) SA 936 (CC). * '' De Lille and Another v Speaker of the National Assembly'' 1998 (3) SA 430 (C). * '' Fraser v Absa Bank Ltd (National Director of Public Prosecutions as Amicus Curiae)'' 2007 (3) SA 484 (CC). * '' Khala v Minister of Safety and Security'' 1994 (4) SA 218 (W). * '' Mistry v Interim Medical and Dental Council of South Africa and others'' 1998 (4) SA 1127 (CC). * '' NCGLE v Minister of Justice'' * '' 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'' 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