Day: April 14, 2022

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What is tort law?

Tort law is a law that protects the rights of individuals against the wrongful actions of another party. It controls civil matters between parties, usually involving some form of injury or loss. Although tort law does not deal with the criminal punishment that’s allocated to ensure proper control in the society, it does function as a deterrent to people who may be tempted to commit crimes against others.

Tort can also be used in a more symbolic way, such as in law school, meaning that the law has not been kept within its proper bounds. Torts are ignored easily by people who would rather do wrong than do right, through the mind of the jury, for instance. The people’s lives can be destroyed without them ever knowing and any one of these wrongs would certainly cause great suffering, but it is their sacred duty to protect and to help any other person in need from being harmed wrongly.

The concept of law comes from the belief that there is a higher power who is responsible to create and enforce laws on what people do, or do not do. It is known as the law of man. In some cases, this is the government. The government can only apply certain laws within their jurisdiction over a particular area and not throughout the country. If a single person violated a law within their jurisdiction, their punishment can only be applied to that person for the matter of that particular case.

Types Of Tort Law

1.  Negligence – this involves the mistake of a person who fails to perform their duties and responsibilities under the law.
2. Tort – this is an intentional act that is done in bad faith, meaning no consent was given and a person suffers great harm as a result. An example of this would be assault. A person inflicts great bodily harm or some other harm to another individual without their consent, an example would be battery or aggravated battery.
3. Tortious conduct – this is defined as any action taken by a person who either intentionally or negligently causes harm to another person, through some kind of act. A person who attempts to injure another would be considered in violation of tortious conduct.

Importance Of Tort Law

1.  Tort law possesses much symbolism as it prevents people from harming others without their consent. Tort law is known for being a strong, inspiring and helpful form of law for the public good. Tort law gives individuals the freedom to sue another person or company if they have been harmed by them in some way. This means that the courts can only accept claims that occurred within a certain length of time, usually within a year.
2. Tort law protects individuals by ensuring that people can sue another person or company when they have been wronged. This allows justice to be served in the most beneficial manner for all parties involved. Additionally, the law provides a remedy for citizens who have been harmed by another individual.
3. Tort law is an important part of our modern society, allowing people to seek restitution in the event they are wronged in some way. When a person is injured against their will, it may be difficult to know who caused the problem and whether or not they should go to court and seek recompense.
4. The court system will only accept a tort case if you can prove that the person who caused the problem was at fault for their actions. This means that you will have to prove that the wrongdoer failed to fulfill a duty they were legally obligated to and, because of this failure to fulfill their obligation, you suffered harm as a result.

 Topics Studied Under Tort Law As a Subject

1. Elements of tort law
2. Common Law Tort & Statutory Law Tort
3. Attribution of tort liability
4. Specific kinds of torts and its elements
5. Damages & remedies in tort law
6. Defenses in tort law
7. Apportionment of damages in tort law
8. Slander/Libel and Tortious Interference with Contractual Relations.
9. Tortious Invasions of Privacy
10. Personal Injury resulting from negligence
11. Defamation and its remedies
12. Malicious prosecution
13. Conversion and its remedies
14. 14 Debts resulting from torts
15. Negligence causing bodily injury or death (Asbestos, lead poisoning)
16. Comparative negligence and contributory negligence

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What is Property Law? 

Property law is the collection of laws regarding the possession and sale of land, buildings, and other real property. It can also include tangible and intangible personal property, but real property is usually the focus.

The laws of countries establish and regulate property rights, including the various interests that a land or dwelling unit may have, such as easements, covenants, and equitable servitudes. These laws distinguish between types of property, such as personal vs. real property (immovable vs. movable) and between public property (state-owned) and private property (individual-owned). Private persons may own properties directly or indirectly through trusteeships or other entities. The rules that govern direct ownership are of particular interest to legal researchers studying civil jurisdiction in countries which are common law jurisdictions. The rules that govern indirect ownership will be of most interest to researchers studying civil procedure (court procedure) in common law jurisdictions.

Real property includes land and interests in land, while personal property (movable or intangible property) includes anything that is movable. Property rights commonly control the transfer of these interests from one individual or entity to another, through such means as contracts, mortgages and deeds.

The system of ownership and control over immovable and movable properties is known as title. The most common and, perhaps, the most effective means of transferring title is a mortgage. A mortgage is a contractual agreement whereby one party (the “mortgagor”) transfers title to property to another party (“mortgagor’s mortgagee”), in return for payment of a sum of money.

Types Of Property Law

 There are three types of property law, each with its own code.

1. Jurisdiction: Property is a legal concept, one of several types of subjects in the law. Property is not just a set of rights or privileges that can be exercised by an owner of property; it also serves to distinguish between different types of subjects in the law and their legal status. In some jurisdictions, this distinction can be given a more precise definition—for example, whether the subject was created by God—while in others it may be given only general or moral explanation (e.g., “property is an object that one can do with as he pleases”). In common law jurisdictions, property is generally regarded as an objective concept, whereas in civil law jurisdictions, property is generally regarded as a subjective concept. The exact definition of property under any given legal system is therefore subject to debate.
2. Legal considerations: Ownership is the relationship between a person or entity and a thing which is defined by law as property. This relationship gives the owner rights to that property as well as obligations. The owners of property have the power to transfer or otherwise dispose of it, and in most instances also have responsibility for its care and maintenance.
3. Transfer of ownership: The law must determine the way in which ownership (and other legal rights over) things will be transferred from one person’s hands into other people’s hands, whether by sale, gift, inheritance, judicial decree or some other mechanism (see also: life estate). Property and ownership are one of the most important security devices that protect the economic interests and social interactions of people.

Importance Of Property Law

Property law is of critical importance to society, with its regulation and supervision providing the legal framework for many of society’s most fundamental relationships. Property law covers a vast range of different legal issues, ranging from ownership itself (e.g., what constitutes ownership of land or a building), via such legal issues as security interests in property (e.g., sale and leasebacks), to regulatory issues (e.g., zoning laws) that affect the use and value of land in one way or another.

Property law provides the framework for an enormous number of social relationships—ranging from contractual arrangements, through corporate structures and partnerships, to the allocation and control of resources (such as water or oil). It is based on the principle that certain transactions and relationships can be said to have legal effects, so that a transaction or relationship may be valid even though it is not enforceable under general common law. Thus, a contract can provide that one party’s liability to pay in the future will be limited to the amount of money paid at present. Consequently, property law plays an important role in many contractual arrangements such as sale-purchase agreements and mortgage loans.

Topics Studied Under Property Law\

1. Types of Property
2. Ownership and Possession
3. Rights of Occupancy, Easement, and Access
4. Rights in Rem
5. Title and Boundaries of Interests in Land
6. Land-Liability Actions
7. Estates in Real Property
8. Leasing a Building or Space Within a Building (Commercial Leases)
9. Security Interests in Real Property
10. Appurtenant Rights of Third Persons
11. Property in Trust
12. Leases and Contracts for Leasing Business Establishments or Buildings
13. Title to Unnecessary Personal Property and Other Personal Property (Personal Property)
14. Rights to Personhood (Adoption & Custody)
15. Divorce From the Family
16. Property in a Person Living Apart from the Family (Domestic Relationships)

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What is Law?

Law refers to “the collected rules which govern people’s conduct.” In other words, it dictates what we are allowed do and expected to follow. For example, there are laws against stealing or trespassing on someone’s property without their consent. These laws protect people from being harmed or robbed by others – in other words they ensure “peace”.

Laws can also be broken down into three main categories:

The constitution – this refers to the laws of the land and anything created by our government. It protects us from being harmed, and allows us the freedom to live our lives as we please. The example above is a constitutional law since it protects all citizens. The Bill of Rights is also considered a part of the constitution since it outlines basic rights such as freedom of speech or religion, etc.

Statute Law – these are laws created by state or federal legislation (i.e. Congress).

Case Law – cases that have gone through a court of law and have already been decided upon (i.e. the opinions of the judges and the facts of the case). If a celebrity has broken this law, he or she may have to appear in court where he or she will be tried and convicted (if guilty).

Types of Law

1. Criminal law – consists of laws that prohibit criminal activities, such as murder.
2. Civil law – consists of laws relating to freedom of contract and property, the law on marriage, contracts, and commerce.
3. Administrative law – administered by a branch of the government or agencies created for administrative purposes.
4. Constitutional law – the supreme law which is the result of a political process and deals with the relationship between government and people. It is made up from constitutional provisions which relate to fundamental issues such as human rights, citizenship, or equality of persons before the law.
5. Contracts – agreements in which one party promises to give something to the other party (who is called a promisee).
6. Torts – written as “torts” Or “tortious liability” Describes non negligent offenses against another person’s personality of rights. In tort, the injured party can sue the offender in court and attempt to collect damages. If a tort is intentional, then it is called a crime and may be prosecuted in criminal court.
7. International law – laws created by the formation of international treaties. International law is generally binding on the signatories of a treaty, although it may become self-executing. An authority to enforce international law is called an international court/s.
8. Treaties – laws between two or more nations which are designed to create legal relationships between all parties that are part of the agreement.

Importance Of Law

1.  Law is important in our lives because it is one of the main foundations of a society. It protects us from individual and state violence, guarantees the rights and freedoms of citizens, and establishes justice in a society.
2. In many countries the law making power belongs to the parliament or even to the national or local government, so law also forms part of political institutions. Law is used by governments to regulate social life within a given territory.
3. Law also makes sure that persons who break laws are punished; this acts as a deterrent for them (and others) not to break other laws in the future. It provides security for citizens who makes possible for them to enjoy their freedom, equality, and other human rights. Law assists people to organize their relationships, and makes them feel safe in their communities.
4. Law is a protective tool, because it aims to ensure that people who are victimized are provided with powerful legal methods of seeking justice.
5. Law provides stability and predictability throughout society as everyone knows what will happen if they commit a crime. The punishment would be the same for everyone, thus law is fair . Additionally, the certainty of being punished may be a factor in ensuring that people do not commit crimes. Law tends to become controversial only when we deal with difficult moral issues such as abortion, euthanasia, and capital punishment (to name but three).
6. The law helps us to organize and function better in society. The law is a guide to proper behavior. In other words, the law regulates our behavior and makes it possible for people to live in peace. Without the law, society would be in a state of anarchy. Law is like a safety net that protects us from injustice, crime and violence.
7. Law provides order, creates an environment for business activities, provides plans for war actions and makes our life more predictable. Without it there would be chaos and anarchy – everything we enjoy today depends on the existence of law. Also, without the legislature, courts and police force, whole countries will remain vulnerable to crime.

Units Studied Under Law As a Course

1. Legal systems
2. Jurisprudence
3. The legal profession
4. Legal thinking
5. Criminal law
6. Civil law
7. Constitutional law
8. Legal process
9. Law and society
10. Legal history
11. The law in society
12. Legal theory
13. Law and ethics
14. Legal theory

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What is International Law ?

International law is the body of rules and norms or principles which govern international affairs. It is a term used not only to describe a particular body of law, but a large number of activities undertaken by the community to enforce legal principles.

The aim of International Law is to produce harmonized and mutually accepted rules between countries. The legal system produced by International Law serves as an instrument for achieving this goal.

International law is an academic field of practice and scholarship, part of public international law. International law involves bilateral treaties, arbitration agreements and other diplomatic arrangements between countries. The study of international law involves an understanding of public international law. It is situated at the expert level of both public policy and political science as well as a body of professional knowledge for the communities involved in multinational enterprises, global companies and transnational corporations.

Types Of International Law

1. Public International Law –  involves international relations that concern human beings. The major component of public international law is the laws created by International Organizations or International Court of Justice. These laws are concerned with rights and duties of individuals, state and non-state actors.
2. Private International Law – This law is concerned with the conflicts between two nations. It includes all conventions, treaties, contracts and torts that are of a private nature. The main purpose of this law is to promote uniformity in jurisdiction, conflict of laws and choice of law. The major component of Private International Law is conflicts between state and citizen or state to state.
3. International Commercial Laws – This law involves international business transactions such as trade and commerce across borders within the same country or international borders as in the case of free trade agreements. The main examples of these laws are the WTO, NAFTA and GATT agreements.
4. International Humanitarian Law – This law involves ensuring protection for civilians and non-combatants during war and armed conflicts.

Importance Of International Law

International law is to produce harmonized and mutually accepted rules between countries. At an international level, there are laws that govern whether an individual from one country can be tried for a crime committed in another country. These laws are called public international law (PIL). Public international law also addresses a civil dispute between individuals in different countries. At the domestic level, this type of law is called private international law (PIL).

At all levels, international law regulates the conflicts between state and citizen or state to state. International law helps in establishing rules in the conflict of civil laws, expropriation and removal of assets, international arbitration and rules regarding liabilities.

International criminal law deals with individuals who are either citizens living outside the country or individuals charged with crimes within the country by other states.

Public international criminal law works to establish rules on how individuals should be tried for crimes committed outside their country. International criminal law also establishes the rules for how individuals are tried for crimes committed within their country. International criminal law concerns itself with both treaties and conventions that address international crimes.

Scenario 1: A student from Nigeria applies to study at Stellenbosch University to study a bachelors degree in Business Administration. The application requires the student, who is a Nigerian citizen, to submit proof that they are not involved in any criminal activity. Stellenbosch University will only accept his application if he is able to prove that he is not associated with any criminal activity. The student could be prosecuted under Nigerian law.

Scenario 2: An individual from one country (A) has a business which is registered in another country (B). The individual spends time in low-risk B, but somehow the government of A discovers this and then issues an Interpol red warrant for the business owner by putting his face on an international wanted list. If this business owner travels through a third country (C), the government of C will have to decide which country has jurisdiction. This is because Interpol red warrants may only be in force in the country where they have been issued. Once jurisdiction is decided, the C government will either contact the country that issued the warrant or if they do not have any contact details, they will arrest and try him based on their own laws.

Topics Studied Under International Law

1. Refugee Law
2. Refugees of War and Statelessness
3. Human Rights
4. International Legalese
5. International Trade and Diplomacy
6. Foreign Policy in Practice
7. World Politics and Diplomacy…
8. Corruption of Power
9. Human Trafficking
10. Prosecuting War Crimes
11. International Criminal Law
12. International Law in the United Nations
13. Colonization and Rights of Indigenous Peoples
14. Nuclear Weapons and Arms Control
15. Sources of international law

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What is Equity And Trusts ?

 Equity is the law of fairness and justice in the eye of the court. Equity is a system of laws which only a judge can apply and not any other member of society. Trusts are defined as the holder of property for the benefit of others, but on trusts, if it has been given to them for their own benefit they have no right to do what they like with it.

In order to make your own Trust you will have to have to have property in your name that you wish to hold on trust. At the end of your life, if you wish to draw on that trust, then you can ask the person who is holding the property in your name if they will do so. This person must be able to show that they hold enough power and authority over you that they are able to act on your behalf. They must also agree not to sell or pass it down once the trust is drawn upon.

Types Of Equity And Trusts

Specific trusts: Are virtually non-existent in England and Wales, but they are quite common in the USA. A specific trust is a discretionary trust which was created by an express or implied contract. The owner of the property or assets placed into the trust cannot sell or give them away without eluding the terms of that contract. Specific trusts have certain advantages over other types of trusts, mainly that a beneficiary does not have to prove entitlement to future interest being shouldered over other beneficiaries by showing that he/she is from a superior class of people. The courts take this duty onto their shoulders and decide which individual would be able to benefit from the trust the most.

Residuary trusts: Are created by wills and become operative upon the death of a beneficiary or owner. The extent to which Residuary trusts are common depends on who has inherited them. If a prior beneficiary dies, the gift is then in force for the duration of that beneficiaries surviving spouse and any children of that person. However, it can be difficult to determine if a trust has been terminated in certain circumstances as they can pass through five or more generations. Under this case the residuary trust can continue even after death.

Springing trusts: Are created by wills and apply only to a particular class of beneficiaries where the value of their interest is greater than that of all other beneficiaries. A trust can be made for a single beneficiary or for several beneficiaries simultaneously.

Powers of appointment: Are created by wills and are a last resort if no other trust options are appropriate. A donor can appoint trustees to have control over all the assets in question and his/her wishes as well as their decisions. These trusts can be set up at any time during the life of the guarantor, but they are mainly only used during times of large financial losses or within wills.

Constructive trusts: Are created by wills and are not actually trusts in their own right. They are merely a device which allows the original beneficiary to prevent the beneficiary who receives wealth from alienating that wealth without his/her consent beforehand. Constructive trusts are frequently used to put in place a set of future rules for how profits will be distributed between beneficiaries.

Importance Of Specific Equity And Trusts

It can be dangerous for an owner to take money out of a bank account and leave it in a trust when they may not have done the right thing by putting money into it in the first place. The owner would not be able to access that money when they needed it unless they got the permission of the legal owners of the trust.

There are a number of important reasons why it is important to use specific equity and trust solutions. Firstly, they can allow an owner to be given the right of control over their assets without the fear that the guarantor will be able to take away money from the trust or alter its terms. Secondly, they can ensure that an owner gets a proper return on their investment. Thirdly, they can make sure that an owner has protection against creditors and other interested parties who want access to the money in his trusts. Last but not least, they can allow an owner to exercise control over the people who are entitled to inherit the trust in case they are unable to do so.

There are a number of reasons why it is not important to use specific equity and trust solutions. Firstly, they can restrict the freedom of the beneficiary to enjoy assets which they have worked hard for. Secondly, they can be complicated to set up and manage. Thirdly, they may not be able to realise the full value of the assets placed into them because if the nature of that asset is unclear then it would be difficult for the beneficiaries to sell it. Last but not least, they may not give an owner a full return on their investment because it may take a long time for them to recover their money from the trust.

Topics Studied Under Equity And Trusts

1. Law of Property
2. Common Law
3. Equity
4. Discretionary Trusts
5. Residuary Trusts
6. Springing and Constructive Trusts
7. Powers of Appointment
8. General Law of Property

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What is Criminal Law?

 Criminal law is a branch of the law which makes it mandatory for all of us to abide by the stipulations of the criminal jurisprudence. This is applicable to the domestic and international affairs. Additionally, it is applied in private and public sectors. In addition, this branch of the jurisprudence handles matters which are related to rights and obligations of individuals and their relationship with other individuals.

 What do we understand by criminal law?

Criminal law is concerned with the violation of individual right in relation to the state. It can also be termed as wrong doing which is against the order or law of the prosecution. An individual is found guilty of the crime, if it is proven beyond doubt that he committed the crime.

Who is responsible for criminal law?

A criminal law is applied by an individual who is appointed to be a judge in a court of law. A number of factors are considered while appointing a judge or magistrate. The individual should be honest, punctual and possess good characters besides being knowledgeable and experienced in the matters of jurisprudence. These individuals are selected by means of an interview board or other equivalent methodologies. Additionally, they undergo training so that they can be appointed as members of any judiciary system which exists within their jurisdiction area.

What are the sources of criminal law?

It is a question related to individual rights and obligations. The sources of this law are sources and authorities which have succeeded in forming a system for the governance of criminal jurisprudence. The sources of criminal law include constitutions, treaties, codes, statutes and case rulings etc.

 What Are Different Types Of Criminal Law?

1.  Private Criminal Law: Private criminal law makes it mandatory for all individuals to follow the laws which are related to private matters. It is applicable to an individual’s relationships with other individuals and his/her personal life such as relationship between husband and wife, parents and children, employer and employees etc.
2. Public Criminal Law: It makes it mandatory for all individuals to follow laws which are related to public matters. These include aspects such as wars, crimes against humanity and other international criminal laws.
3. Statutory Criminal Law: The statutory criminal law is concerned with the codification of the existing law that makes it mandatory for an individual to follow the provisions of the statutory law.
4. Customary Criminal Law: It deals with provisions of constitution, treaties and plebiscite which make it mandatory for an individual to follow them.

Importance Of Criminal Law

1. Criminal law is beneficial to society because it helps prevent crime and lessen its negative effects, thus maintaining peace and order. Criminal law can be applied to those who violate statutes or the constitution within a state or country. According to the World Bank, criminal law enforcement is a significant aspect of development.
2. Criminal law is the only punishment that society imposes on wrongdoers. It is a societal policy whose function is to deter people from committing crimes by means of punishment and rehabilitation. Therefore, criminal law maintains peace and order within the state/country as well as sustains safety among its residents. Furthermore, criminal law makes up the legal system which provides collective security which empowers its citizens with a sense of safety when they venture outside their homes within their country.
3. Criminal law is the only punishment for violating statutes and the constitution. This can be applied to those who commit a crime against the state by acts of treason, sedition, and other civil disobedience. Therefore, criminal law ensures that the state/country is governed by the will of the people and maintains its integrity.
4. Criminal law is beneficial to society because it contributes to reducing crime and strengthening social cohesion. Considering this, Criminal Law refers to the punishment and prevention of crime within a society which operates on justice and fair practices.
5. Criminal law protects the safety of society from people who commit crimes against their fellow-citizens. The criminal law ensures that all citizens are protected from criminal activity or public disturbance in order to safeguard the general public’s rights to life and security as well as property rights.

Topics Studied Under Criminal Law

1. Crime
2. Crime Investigation
3. Law enforcement
4. Criminal Law
5. Criminal Procedure and Evidence
6. Juveniles in criminal law
7. Juveniles in criminal procedure and evidence
8. Crimes against the person
9. Crimes against property
10. Crimes against the environment
11. Crimes in relation to the person
12. Crimes in relation to property

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What is Contract Law ?

Contract law is a specialized area of law that governs relationships between parties. The legal elements of contract law include offer, acceptance, and consideration.

One of the most complicated concepts in contract law is whether something will be deemed to be a present or future payment. This guideline can be found in the Uniform Commercial Code (UCC) and all states have adopted it into their statutes or codes under Article 2A Sales.

The UCC states that the “time when the payment is due is determined by the agreement and by the usages of trade, and in the absence of such agreement or usage, by the course of dealing between the parties”. This guidance has been adopted into a number of rules within contract law, including:

There are three basic types of consideration that can be used within contract law. These are exchange, promissory estoppel, and restitution. The first two are present at the formation of a contract but are not enough to hold up enforcement unless there is some sort of detriment caused as a consequence which would fall under restitution. If something falls under these conditions then it will be enforceable through a court proceeding.

Types Of Contract Law

1. Exchange of consideration – The true nature of this action is that both parties gain something tangible or intangible in exchange for their service or product. Although these terms can be said to be present at the formation of the contract, a contract will not be deemed enforceable if there has been an element of detriment caused to either party. The best example of this would be in a commercial transaction where a car is traded as consideration for some goods or services and the seller does not provide title to the car when the transaction is settled. If there is no remedy for contract breach, then it would seem that there was no agreement at all between the parties and thus would have been invalidated by law.
2. Promissory estoppel – This type of contract law is similar to exchange of consideration in that both parties have a tangible form of gain or loss. The main difference is that the one who is benefiting from this contract would be considered to have induced the other party into a certain action, which can then be enforced if there has been some detriment suffered by the other party. Remember, in order for this contract to be enforceable there must be a detriment caused and not just an exchange of gain or loss from a side.
3. Restitution – This action allows you to recover money or damages that were caused by someone else’s breach of his or her contract. This includes money paid for goods or services that were never received the cost of replacing property, or other losses that you suffered due to a breach of a contract.

Importance Of Contract Law

Contract law regulates a large number of transactions within the United States and is one of the most important areas of law that you need to be familiar with as an entrepreneur. If you do not understand the basics of contract law, you may find yourself in trouble with a business partner or a client who feels that they have been wronged by you due to some breach in your contract. The best example of this type of enforcement is when there has been an exchange of consideration but one party has not given due consideration to their promise as stated in their contract.

If you have decided to start your own business, then understanding and being able to create contracts will be necessary for your success. If you are looking to hire someone to work for you, then be sure to have them sign a contract that guarantees that they will be held accountable for their actions towards your business.

One of the most important parts of contract law that you need to know is how to properly create one. In order to do this, you will first need to understand what a contract is and what it can be used for. After that, you will be ready to select the terms and conditions of your contract, using language that is favorable to you. You must make sure that both parties understand the same terms within your contract in order for it to be legally binding.

Other importance include;-

1. Ensures that there is a contract and the terms are met by both parties
2. Ensures that proper consideration has been paid for any contracts made
3. Provides remedies for breach of contract by one or both parties
4. Provides penalties for not abiding to the terms of contracts
5. Prevent two people from entering into any agreement that would be deemed illegal under the law (i.e. slavery, forced marriage, etc.)

Topics Studied Under Contract Law

1. Types of contracts – (a definition, mutuality, and purpose)
2. Offer and acceptance
3. Consideration
4. Free will vs. Contracts of adhesion and other variations on free will
5. Contractual capacity, mental illness, insanity and duress
6. Consideration-related remedies for breach of contract (looking at restitutionary contract remedies)

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What is Constitutional And Administrative Law ?

Constitutional law is the body of law that establishes fundamental principles of governance in a state. It deals with political rights, civil liberties, and the structure and authority of government. Administrative law is a set of rules to regulate public bodies’ administrative or executive power that provides guidance as to how their actions shall be guided and enforced. In short it’s anything related to how the government works or what they can do

Constitutional Law: A system through which an individual’s basic rights are conveyed using rules established by society to constrain malignant use by authorities. These rules can be in the form of a constitution, that is an intensely fundamental law that sets out rights and protections for the people. Constitutional law can also be derived from customary statutes by which the law is created through statute instead of a formal document..

Administrative Law: The body of rules (laws) which has to do with how bureaucratic organizations operate. This includes all courts and tribunals as well as administrative bodies. Administrative law will usually exist parallel to constitutional law rather than being subordinate to it.

Categories Of Constitutional And Administrative Law

1. Customary law
2. Prescriptive law
3. Constitutional law
4. Statute law
5. Case law
6. Administrative decisions
7. Rules and regulations

Customary law: This is the law that was established at a particular point in time by a particular body. The most common kind of customary law is law based on custom. Customary laws are widely understood and are accepted as law by society, but not necessarily written down. Some customary laws may be expressed as statutes or other laws but they have developed through customs rather than through statute

Prescriptive law: This is when the law has been given or discovered at a particular point in time and there’s no need for a separate document of any kind to explain it. Prescriptive law includes:

Constitutional law constitutional refers to the Constitution itself ,it is binding on everyone, including government officials and everyone in government. It has a direct effect on everyone and is intended to promote good governance. When the constitution is violated, it is up to a court to decide on the outcome.

Statute Law: Statutes are laws made by Parliament. These are regulative laws that can be changed or abrogated not easily as compared to customary laws. Upon being promulgated, a statute is like a constitution to the person or body it affects. It is used to determine the limits of that person’s or body’s power. A statute may also be referred to as an Act of Parliament, a Law or simply as a Regulation.

Case law: This refers to laws that have been discovered through court decisions, they are standards created by judges during the trial of cases in court. These are standards that have been proven by courts and they will be followed again in similar situations. These two types of law (customary and case law) overlap often because case law sometimes has its origin in customary law, but not always.

Importance Of Constitutional And Administrative Law

• Constitutional law is important because it protects the people of a country from improper use of authority by those in government. For example, it is a violation of constitutional law when the international human rights are violated. the constitution also provides a person with some guidance as to what he or she should expect from the state, either in terms of rights or benefits from the state or with regards to what is expected from them by the state such as tax payments
•  It instills respect for leadership, freedom and equality among all people. For instance, the constitution shows that everyone is equal and that they are entitled to the same rights, which provides them with a firm basis and a set of standards which they must abide by. This ensures that one’s rights are not violated in any way.
• Constitutional law also provides some guidance as to what the officials should do in order to achieve their goals for society.
• It also gives the people of South Africa an understanding of what is expected from them when interacting with the state (for example paying taxes).
• Additionally, it creates the right to form peaceful societies; it ensures that government actions do not infringe on these rights. For instance, in South Africa, the constitution has banned any form of opposition to apartheid.
• The importance of administrative law is because this system enables effective public administration in a country. For example , it enables effective public employment, government finances and public services.
• It promotes good governance and compliance with legal standards by public officials, as well as ensures that they are held accountable for illegal behavior. This also protects individuals from arbitrary or unjustified actions by public officials.
• It gives the people an understanding of what is expected from them when interacting with the state such as paying taxes.
• It also enables a country to be more effective by creating more efficient public services and by ensuring that government officials are properly trained and have received proper training.
• Administrative law enables everyone to access quality public services regardless of race, creed or gender.

Topics Studied Under Constitutional and Administrative Law As a Subject

1. Basic principles of Constitutional Law
2. Legal and Political Systems
3. Powers of Parliament
4. Laws on Presidential, Parliamentary and Local Government Elections
5. The Constitutional Court
6. The Office of the Presidency, Cabinet and other Executive organs
7. The Judiciary
8. Ombudsman, Public Protector ‘Human Rights Commission’
9. Limitation of Powers Act
10. Bill of Rights
11. South African Police Service Act
12. National Prosecuting Authority Act
13. South African National Defence Force Act
14. Public Finance Management Act
15. Public Service legislation in general

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