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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:The constitutional roles and responsibilities of lower courts
Author:Jagwanth, SarasISNI
Year:2002
Periodical:South African Journal on Human Rights
Volume:18
Issue:2
Pages:201-224
Language:English
Geographic term:South Africa
Subjects:constitutions
judges
courts
Abstract:Unlike higher courts, magistrates' courts in South Africa do not have their constitutional jurisdiction set out in the Constitution and the constitutional powers of magistrates have to be derived from a number of different sources, including national legislation. This has often resulted in a lack of clarity and confusion about the precise roles and responsibilities of lower courts to enforce and uphold the provisions of the Constitution. In the light of various sources, including the Constitution, case law and legislation, this article examines the extent of the constitutional obligations and powers of lower courts. It looks also at the limits on the constitutional jurisdiction of magistrates and concludes that legislation must be enacted to confer direct constitutional jurisdiction on magistrates in specific areas. Notes, ref., sum. [Journal abstract]
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