Samiksha Jaiswal (Editor)

South African constitutional law

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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
  • 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 (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.

    References

    South African constitutional law Wikipedia