Introduction
In South Africa, constitutional law comprises two branches: the body of law governing authority division and the body of law providing residents with specific rights, known as Chapter 2 of the Constitution, or the Bill of Rights. The rest of the Constitution focuses on establishing the state’s arms and organs and delegating authority and responsibilities.
Constitutional Supremacy
The Constitution is the supreme law of the Republic; any laws or actions that conflict with it are unconstitutional, and any duties that it imposes must be upheld. As a result, the laws of legislation, common law, and custom are superseded by the laws found in the Constitution. A supreme constitution governs all state institutions. The only requirement of constitutional supremacy is that all laws and activities, including constitutional amendments, must be by the document.
The Rule of Law
Three features define the rule of law: the law is supreme, and all governmental power must be employed by a statute’s enabling clause. Second, everyone has the same rights under the law. The third is that the courts are in charge of upholding a nation’s legal system. A state has created the rule of law if all three requirements are satisfied.
Democracy
Democracy requires that a state’s citizens make decisions on matters affecting both themselves and their state. Direct democracy, Political issues are put to a direct public vote. Citizens don’t have any political representatives. Representative democracy, Representatives are chosen by the people to vote on their behalf on political issues. Political parties are frequently formed by representatives. Participatory democracy improves representative democracy by enabling citizens to actively participate in lawmaking in a variety of ways.
Conclusion
The South African Constitution’s drafting and execution benefited greatly from the special and significant role that constitutional concepts played. The essential ideals and goals of a society are embodied in constitutional principles, which guide how the Constitution is interpreted and applied.