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Summary Branches of Law
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Notes for Introduction to law (LAWS1011A at Wits University). A comprehensive summary of the topic content - including diagrams, definitions and explanations where applicable.
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Branches of Law: Chapter 4Created @April 5, 2022 10:36 AM
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International Law Vs National Law
Branches of Law: Chapter 4 1
, International Law
rules that govern the relationship between independent states
Custom/Treaties (can be between two states or several states)
Applies to SA as long as it is not in conflict with the constitution
UN and AU lay down rules
International Court of Justice (ICJ)
Warfare laws: International Humanitarian Laws
Regulates international criminal law
National Law
Law of a specific state
Applies to SA citizens
Positive Law
Substantive Vs. Procedural Law
Substantive Law (Material Law)
Determines the content and meaning of different legal rules/principles
What constitutes a crime
Prohibits criminal offences
Determines the application & content of different rights
Procedural Law (Adjective Law)
Regulates the enforcement of substantive law
Process for which an individual is prosecuted
Branches of Law: Chapter 4 2
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