Introduction to the law of South Africa - download pdf or read online

By C. G. van der Merwe, Jacques E. du Plessis

ISBN-10: 9041122826

ISBN-13: 9789041122827

This identify is a part of a longtime sequence which introduces a variety of criminal structures of the realm. It presents an authoritative and available evaluation of the most branches of South African public, deepest and advertisement legislation. delivering perception into the wealthy procedure of South African legislation, this identify can be of specific curiosity to the overseas criminal neighborhood.

The South African criminal approach has not just built interesting combinations of civil legislation and customary legislations ideas over greater than a century, yet has additionally skilled a post-apartheid South Africa. Of specific curiosity is the way such a lot of branches of legislation were infused through uncomplicated constitutional values. the various members have released paintings of their personal fields and feature enormous event of providing their subject material in a broader comparative standpoint. The succinct and balanced nature of the contributions makes this name beautiful to a large viewers of lecturers, scholars and practitioners with an curiosity during this impressive felony system.

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28 The structures set up by this Act eventually became one of the pillars of apartheid, alongside laws that allocated land, employment and education on a racial basis and enforced social segregation. Although transplanted European law had become the common law of South Africa, this replacement of assimilationist policies with the system of indirect rule permitted the survival of some indigenous law. This was, however, in truncated and attenuated form: truncated because indigenous law was applied only in respect of some issues, mainly those revolving around family relationships and land; attenuated because its incorporation into the colonial system of law and administration rendered it subject to the influence of the values and priorities of the State, thus diluting its indigenous character.

Something of this can be seen in judgments of the Constitutional Court in which some Judges consistently place greater emphasis on the scope created by the Constitution for the exercise of judicial discretion and others on the limits the Constitution imposes thereon. 19 Post-apartheid legal culture, then, appears to be ambivalent about law, recognising its pitfalls as well as its promise. This is hardly surprising, given the role of law in apartheid society, where it served as both an instrument of oppression and a means of resistance.

Due partly to legislation that obliged these new Courts to apply English principles of procedure and evidence, and partly also to the educational and professional backgrounds of the new judicial corps (and soon also of legal practitioners), characteristic features of the common law tradition were introduced into South Africa. These include trials marked by oral, party-managed adversarial procedures, the delivery and publication of full and personalised judgments by individual Judges, and, of course, the doctrine of precedent.

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Introduction to the law of South Africa by C. G. van der Merwe, Jacques E. du Plessis


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