Legal Concepts
Accountability and Chapter 9 Institutions
Introduction Accountability is a foundational value of the South African constitutional order, complementing the rule of law and democratic governance. The Constitution establishes several mechanisms …
Customary Law
Introduction Customary law is recognised as a distinct legal system within the South African constitutional order. Section 211 of the Constitution provides that the institution, status, and role of …
Judicial Review
Introduction Judicial review in South Africa refers to the power of the courts to review the constitutionality and legality of legislative and executive action. The power is rooted in the supremacy …
Rule of Law
Introduction The rule of law is a foundational value of the South African constitutional order, expressly recognised in section 1(c) of the Constitution as one of the founding provisions of the …
Separation of Powers
Introduction The separation of powers is a foundational principle of the South African constitutional order. The Constitution of the Republic of South Africa, 1996, establishes three branches of …
Socio-Economic Rights
Introduction Socio-economic rights are a distinctive feature of the South African Bill of Rights, reflecting the Constitution’s commitment to addressing the legacy of poverty and inequality. …
Transformative Constitutionalism
Introduction Transformative constitutionalism is a foundational concept in South African legal theory, describing the project of using constitutional law to facilitate large-scale social change. The …
Ubuntu Jurisprudence
Introduction Ubuntu is a Nguni word that translates roughly to “humanness” or “personhood,” encapsulating the idea that individuals exist and are realised through their …