Flashcards: Foundations of South African Legal History — 20 cartões

Legal history — importance?

Explains current law through its historical development.

Living law — examples?

Common law and customary law.

Common law — characteristic?

Based on judicial decisions and precedents.

Customary law — transmission?

Passed orally across generations.

Roman-Dutch law — origin?

From Roman law, adapted via Dutch influence.

Colonialism — effect on law?

Imposed Dutch and English laws, coexisting with customary law.

Pluralism — meaning?

Multiple legal systems coexist in South Africa.

Roman law — role?

Foundation for Roman-Dutch law and Western legal systems.

Reception of Roman law — process?

Incorporation into Dutch law from 13th-16th centuries.

Dutch jurists — key figure?

Hugo de Groot, Simon van Leeuwen.

Burgerlijk Wetboek — significance?

Dutch civil code of 1838 codifying Roman-Dutch principles.

Roman-Dutch law — development?

Evolved through jurists’ writings and judicial decisions.

Apartheid laws — impact?

Enforced racial segregation and civil liberty restrictions.

Parliamentary sovereignty — during apartheid?

Laws could not be challenged by courts.

Post-apartheid shift — principle?

Constitutional supremacy over laws and government actions.

1996 Constitution — significance?

Establishes the Constitution as the highest law.

Human dignity — meaning?

Inherent worth of every person, deserving respect.

Equality — core value?

All individuals entitled to equal protection and benefit.

Rule of law — key idea?

Laws and actions must conform to the Constitution.

Separation of powers — purpose?

Divides authority among legislative, executive, judiciary.