Constitutional Law
Constitutional Court
The Constitutional Court is South Africa's highest court for constitutional matters. It has the final say on whether laws and government actions respect the Bill of Rights.
Legal Definition
Established under Section 167 of the Constitution, the Constitutional Court consists of the Chief Justice, Deputy Chief Justice, and nine other justices. It is the apex court for constitutional matters only.
📖 Constitutional / Statutory Basis: Section 167 of the Constitution of the Republic of South Africa, 1996
Practical Example
If the High Court upholds a law that violates your right to privacy, you can appeal to the Constitutional Court to have that law struck down.
Frequently Asked Questions
Can I take my case directly to the Constitutional Court?
Generally no. You must exhaust lower courts first unless exceptional circumstances require direct access.
What makes the Constitutional Court different from the Supreme Court of Appeal?
The SCA handles general law; the Constitutional Court only handles constitutional matters and has final say on those.
Does the Constitutional Court make new law?
Yes. It can develop common law and declare invalid legislation, making its judgments binding on all courts.
Related Terms
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