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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 Government .
The Government of South Africa, or South African Government, is the national government of the Republic of South Africa, a parliamentary republic with a three-tier system of government and an independent judiciary, operating in a parliamentary system. Legislative authority is held by the Parliament of South Africa.
The Republic of South Africa Constitution Bill was introduced in January 1961. It came into force on 31 May 1961; 31 May was a significant day in South African history, being both the day in 1902 on which the Treaty of Vereeniging was signed, ending the Second Anglo-Boer War, and the day in 1910 on which the Union of South Africa came into being.
As confirmed by the Constitutional Court in Pharmaceutical Manufacturers Association: In re Ex Parte President, this provision, read with enabling provisions elsewhere in the Constitution, is the basis of a wide-ranging system of judicial review in South Africa. Section 7(1) additionally binds the state to respect and fulfil constitutional rights.
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.
South Africa's legal system is founded on constitutional supremacy, which means that all laws and actions by the state must comply with the Constitution. The Constitution is the highest law and includes a comprehensive Bill of Rights that protects the civil, political, and socio-economic rights of all individuals.
[5] The Constitution of South Africa, which has the force of supreme law, [5] and as such sets the standards and requirements for the construction and construal of statutes, also provides a definition of statute law, distinguishing between national and provincial legislation: National legislation:
The façade of the Constitutional Court of South Africa. The South African judiciary has broad powers of judicial review under the Constitution of South Africa.Courts are empowered to pronounce on the legality and constitutionality of exercises of public power, including administrative action, executive action, and the passage of acts of Parliament.