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Summary Chapter 8 PBL 200 second semester summaries, distinction worthy! R50,00
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Summary Chapter 8 PBL 200 second semester summaries, distinction worthy!

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Chapter 8 PBL 200 second semester summaries, very detailed and easy to understand!

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  • February 13, 2022
  • 4
  • 2021/2022
  • Summary
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kiaradavey
PBL
PBL: CHAPTER 8 – THE FOUNDING PROVISIONS, BASIC LEGAL ORDER, AND SYMBOLS OF
STATE


Preamble

Chapter 1 of the consti:

Section 1 = founding values
Section 2 = supremacy of the consti
Section 3 = protection of citizenship
Section 4 = national anthem
Section 5 = the SA national flag
Section 6 = official languages

The legal system of the state

• Every state has its own legal rules and legal system. This is bc every state has
different social, economic, religious, and political views and needs
• Some states (e.g. SA) have sub-legal systems, which depend on the different levels of
gov that exist
o SA has 3 levels/spheres of gov which results in a legal system on a national
level and sub-legal systems at a provincial and local level

The preamble to normal statutes:

• Introduces the statute and gives a summary of the purposes of the statute
• States the circumstances of, the background to, and the reasons for the legislation
• Not binding
• Interpretative tool: can be used as an aid to the interpretation of vague and
ambiguous provisions and to limit the meaning of general concepts
• Not all legi has a preamble

The preamble of the SA constitution

• *The preamble and founding provisions of the SA consti are very important
o Provides the foundation for the SA constitutional legal order
o Lays down the goals of the state and objectives/aims of the consti
o A tool that plays an important role in the interpretation and application of
the consti
• *Interpretative significance of the preamble:
o S v Mhlungu: the provisions of the consti must be interpreted and applied
within the context of the preamble and not only in cases of vague or


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