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South African jurisprudence refers to the study and theory of South African law. Jurisprudence has been defined as "the study of general theoretical questions about the nature of laws and legal systems." [1] It is a complex and evolving field that reflects the country's unique legal history and societal changes.
The Interpretation Act [4] defines it as "any law, proclamation, ordinance, Act of Parliament or other enactment having the force of law." [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 ...
Countries (in pink) which share the mixed South African legal system. South Africa has a 'hybrid' or 'mixed' legal system, [1] formed by the interweaving of a number of distinct legal traditions: a civil law system inherited from the Dutch, a common law system inherited from the British, and a customary law system inherited from indigenous Africans (often termed African Customary Law, of which ...
As with many countries throughout the world, South Africa has worked to include information and communication technology (ICT) within the education system. However, since South Africa is a developing nation, barriers to educational technology adoption and implementation exist, including lack of resources such as tablets and computers, lack of ...
"The Contest Between Culture and Gender Equality Under South Africa's Interim Constitution". Journal of Law and Society. 21 (4): 409. doi:10.2307/1410665. JSTOR 1410665. Lehnert, Wieland (2005). "The Role of the Courts in the Conflict Between African Customary Law and Human Rights". South African Journal on Human Rights. 21 (2): 241– 277.
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.
Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be. It investigates issues such as the definition of law; legal validity; legal norms and values; and the relationship between law and other fields of study, including economics , ethics , history ...
The application of the Bill of Rights has been "one of the most troublesome issues in South African constitutional law." [14] The principal reason for the difficulty is that, since 1994, South Africa has had two Constitutions that have treated the issue differently. Much of the relevant jurisprudence, particularly relating to the application of ...