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COffysOul Categories Judicial dictatorship

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Sizwe sikaMusi
Sizwe sikaMusi
@SizweLo
South Africa is a judicial dictatorship!

[Thread]

Many of us are under the impression that The Law is made by the legislature (i.e "parliament"), we believe that the people we vote for are the ones making The Law of the Republic and thus have the final say as long as it's all "constitutional"

"The Law" in this instance refers to jurisprudence, the entire law of the republic, not just individuals laws. However, in as much as the cabinet, provincial legislatures and ministries may promulgate and bring individual laws into effect, "The Law" is made differently...

This is because South Africa follows the British common law system, a system in which The Law is derived from judicial decisions as opposed to being made by the legislative branch of the state. This is called Case Law, which is in contrast to Statutory (Civil) Law...

(Of course, South African law has aspects of Civil Law, but this is chiefly concerned with private, non-criminal disputes between persons, mainly to do with property matters)
JUDICIAL DICTATORSHIP
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