Sources of Law of the Republic of South Africa

Currently, it is relevant for comparative law to appeal to non-Western legal systems. Of particular importance is the study of the legal systems of the BRICS countries, which include the Republic of South Africa. The purpose of the study is to identify the features of the sources of law in South Africa, determined by the mixed nature of this jurisdiction, which has absorbed the features of traditional (customary), continental (mainly Roman-Dutch) and common (Anglo- American) law. The methodological basis of the study is the formal-legal method, by means of which the system of sources of law is studied; the sociological-legal method of cognition, with the help of which numerous African customs are analyzed and the case method, which makes it possible to study case law. The comparative legal method allows us to compare the sources of law of South Africa with the legislation of continental legal family countries and the precedents of common law countries. The issues of extensive reception of foreign law in South Africa are analyzed using the historical-legal method. Research results. The article presents a scientifically grounded view of the holistic system of currently valid sources of law in the Republic of South Africa. Particular attention is paid to customary African law and, above all, to that part of it which is called "living customary law". From the point of view of legal reception, here we can observe a certain reference to the American “living” Constitution. In addition, the specifics of legislative reception and features of South African case law are studied.

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Publication Details

Journal
Journal of Foreign Legislation and Comparative Law
Published
2025-01-01
DOI
https://doi.org/10.61205/s199132220033403-9
Primary Topic
Comparative and International Law Studies
Type
article
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article

Sources of Law of the Republic of South Africa

A. A. Malinovsky
Journal of Foreign Legislation and Comparative Law
Comparative and International Law Studies
article

Sources of Law of the Republic of South Africa

A. A. Malinovsky
article en

Abstract

Currently, it is relevant for comparative law to appeal to non-Western legal systems. Of particular importance is the study of the legal systems of the BRICS countries, which include the Republic of South Africa. The purpose of the study is to identify the features of the sources of law in South Africa, determined by the mixed nature of this jurisdiction, which has absorbed the features of traditional (customary), continental (mainly Roman-Dutch) and common (Anglo- American) law. The methodological basis of the study is the formal-legal method, by means of which the system of sources of law is studied; the sociological-legal method of cognition, with the help of which numerous African customs are analyzed and the case method, which makes it possible to study case law. The comparative legal method allows us to compare the sources of law of South Africa with the legislation of continental legal family countries and the precedents of common law countries. The issues of extensive reception of foreign law in South Africa are analyzed using the historical-legal method. Research results. The article presents a scientifically grounded view of the holistic system of currently valid sources of law in the Republic of South Africa. Particular attention is paid to customary African law and, above all, to that part of it which is called "living customary law". From the point of view of legal reception, here we can observe a certain reference to the American “living” Constitution. In addition, the specifics of legislative reception and features of South African case law are studied.

Journal of Foreign Legislation and Comparative LawVol. 21(2)
Moscow State Institute of International Relations (RU)
Openalex Percentile: Top 61%
Comparative and International Law Studies
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Sources of Law of the Republic of South Africa — A. A. Malinovsky · Journal of Foreign Legislation and Comparative Law (2025) | TGRS Research Map | TGRS