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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 Constitutional Court held that the issue of whether socio-economic rights are justiciable at all in South Africa is put beyond question by the text of the Constitution as construed in the judgment Ex parte Chairperson of the Constitutional Assembly: In re Certification of the Constitution of the Republic of South Africa. [6]
Broadly speaking there are three means by which and through which South African scholars and jurists construe their country's statutory law: linguistics or semantics, common law and jurisprudence. Although statutory interpretation usually involves a personal predisposition to the text, the goal is generally to "concretise" it: to harmonise text ...
The case was the first in a series of Constitutional Court rulings advancing LGBT rights in South Africa which culminated in the case Minister of Home Affairs and Another v Fourie and Another, a judgment which led to the legalisation of same-sex marriage in South Africa by the Civil Union Act, 2006. In the interim the court extended to same-sex ...
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 ...
Constitutional Court of South Africa: Full case name: J and B v Director-General, Department of Home Affairs and Others : Decided: 28 March 2003: Citations [2003] ZACC 3, 2003 (5) BCLR 463, 2003 (5) SA 621 (CC) Case history; Appealed from: Durban and Coast Local Division: Court membership; Judges sitting
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.
Harksen v Lane NO and Others is an important decision of the Constitutional Court of South Africa, delivered on 7 October 1997.The court dismissed a challenge to the constitutionality of the Insolvency Act, 1936, finding that it was consistent with the right to property and right to equality for the property of a solvent spouse to be attached to the insolvent estate of his or her partner.