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The branches of Law - Block 1 Year 1 notes Intro to law
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THE BRANCHES OF LAWPUBLIC BRANCHES
*the different divisions of law
The law itself is not a single branch. This can be seen in the difficulty in trying to define the law
that we have discussed.
One of these difficulties is the many facets and diversity of the law.
The sources of the law can relate to any aspect or branches of the law.
So the law is essentially made up of various branches or disciplines.
Because the legal principles we recognise as law are so vast and different, it’s better to know
where to start looking when you are faced with a particular legal question. This does not mean
that each branch works in a box by itself. At times each branch can overlap with any of the
other branches as well.
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,INTERNATIONAL LAW
This covers the law between the states. It covers matters that are of common concern to the
states of the world. Like the law within a particular country, there is a history and sources of
international law that show the progression of the recognition of international law as an
authority.
Although there is no international world government that can lay down rules for all states and
enforce them, such rules do exist. These rules may be created by international customs or by
international treaties(conventions), by means of which the states which sign the treaties regulate
certain relationships between them. Such treaties can exist between 2 states (bilateral treaties)
or between several states (multilateral treaties).
Customary international law is settled practice that states regard as legally binding norms.
International law applies in a state to the extent that it is incorporated into the national legal
system of that state.
International law applies in South Africa in so far as it is not in conflict with the South African
Constitution or legislation. The constitution in section 39(1) stipulates that a court, when
interpreting the Bill of Rights, must have regard for international law.
The influences on international law include:
- the treaties that are signed between countries,
- wars that have taken place
- human rights issues that have solved etc
International law in turn has its own fields as well and these could cover things such as:
- environmental law
- human rights law etc
The rules of international law cover a wide variety of subjects
- diplomatic relations and air traffic between states
- the use of open sea
- international principles with respect to human rights
- the law relating to warfare.
▪ The rules regulate the declaration of war and conduct during warfare
▪ Also known as ‘international humanitarian law’
International law also regulates ‘international criminal law’ that outlaw’s genocide, crimes against
humanity, war crimes, and the crime of aggression.
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, An international court, ‘The International Criminal Court (ICC) was established with jurisdiction
to prosecute and convict persons accused of international crimes.
The ICC was established under the ICC Statute (sometimes referred to as the Rome Statute)
International law governs the recognition of states and certain standards that are acceptable
worldwide.
E.g. protocols where a country invades another,
how the red cross would operate within a country at war,
how journalists are treated in other countries,
NATIONAL LAW
National law operates within the borders of the particular country.
Our law applies to South African citizens.
Within our national law we start with two main branches of law:
- Public law
- Deals with matters of the states
- including state structures, regulation of the relationship between the different
organs of state themselves and between the citizens or the subjects of a country.
- Private law
▪ Deals with the relationship between the subjects themselves
They are still not completely separate and there are aspects of each that can overlap
What distinguishes the two is who you are essentially dealing with.
- Is it the state or are you dealing with private individuals in the particular matter?
SUBSTANTIVE LAW
- Also known as material law is the part of the law which determines the content and
meaning of the different legal rules (legal principles).
- It will tell us what constitutes a crime
- It prohibits us, for example, from committing criminal offences and it determines which
human acts constitute criminal offences, such as murder.
- It determines the content and application of the different rights which an individual may
have. For instance, substantive law will determine how an individual can obtain ownership of
a motor vehicle.
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