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Under the principle of subsidiarity, My Votes Counts was required to challenge the constitutional validity of that legislation – in the High Court of South Africa – instead of relying directly on the constitutional right which the legislation was enacted to effectuate.
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.
Chapter Two of the Constitution of South Africa contains the Bill of Rights, a human rights charter that protects the civil, political and socio-economic rights of all people in South Africa. The rights in the Bill apply to all law, including the common law , and bind all branches of the government, including the national executive, Parliament ...
During its hearing on 27 August 2019, the court invited submissions from six amici curiae: the South African Holocaust and Genocide Foundation, the Psychological Society of South Africa, the Freedom of Expression Institute, Media Monitoring Africa, the Rule of Law Project of the Free Market Foundation, and the Nelson Mandela Foundation. [4] [5]
The court held unanimously that the South African state was obligated, both under South African law and under international law, to prosecute the international crime of torture. However, that obligation was limited by the requirements of subsidiarity, complementarity, and practicality. [1]
Subsidiarity is a principle of social organization that holds that social and political issues should be dealt with at the most immediate or local level that is consistent with their resolution. The Oxford English Dictionary defines subsidiarity as "the principle that a central authority should have a subsidiary function, performing only those ...
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.
There are a large number and variety of statutes in South Africa—including Acts, ordinances, proclamations, by-laws, rules and regulations. [ 2 ] [ 7 ] As of 1993, statute law is to be found on all three levels of government ( national , provincial and local ), and as such affects every governmental sphere, and although generally referred to ...