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166 SOUTH AFRICA Republic of South Africa I. COUNTRY PROFILE (Common Law) South Africa is a republic comprised of nine provinces. South Afirca’s official languages are Sepedi, Sesotho, Setswana, Siswati, Tshivenda, Xitsonga, Afrikaans, English, isiNdebele, isiXhosa, and isiZulu. Its legal system is based primarily on the common law traditions, although it also features elements of civil law. The Constitution of the Republic of South Africa, which took effect on February 3, 1997, established the form of government. Executive power is vested in the President, who is both the head of state and head of government. The President is elected by members of the National Assembly to a five-year term, and may not serve more than two terms. Legislative power is vested in the bicameral Parliament, which consists of the National Assembly and the National Council of Provinces. The 400 Members of the National Assembly are elected by the people on the basis of proportional representation to five-year terms. The ninety Members of the National Council of Provinces are elected by the nine provincial legislatures to five-year terms. Each province elects ten Members. Most legislation is introduced in the National Assembly (appropriations legislation must originate there), though legislation affecting the provinces may be introduced in the National Council of Provinces. Legislation passed by both houses of Parliament must be signed by the President or referred back to the National Assembly for review of their constitutionality. Judicial power is vested in the courts, which include the Constitutional Court, the Supreme Court of Appeal, the High Courts, the Magistrates' Courts and other courts established and recognized by law. The Constitutional Court is composed of a President, a Deputy President, and nine additional Judges. It hears cases involving constitutional questions, and is the only body that may decide disputes between national and provincial governments concerning their respective powers, functions, and status, rule upon the constitutionality of national or provincial legislation and amendments to the Constitution, and determine whether Parliament or the President has failed to fulfill a constitutional obligation. The Supreme Court of Appeal consists of a Chief Justice, a Deputy Chief Justice, and additional Judges. It is the highest court of appeal and has appellate jurisdiction over all cases except those involving constitutional questions. The High Courts hears cases involving constitutional questions that are not under the exclusive jurisdiction of the Constitutional Court, as well as all other cases. Decisions of the Supreme Court of Appeal or a High Court that an Act of Parliament, a provincial Act, or conduct of the President is unconstitutional have no force unless confirmed by the Constitutional Court. The President and the Deputy President of the Constitutional Court, and the Chief Justice and Deputy Chief Justice of the Supreme Court of Appeal are appointed by the President in consultation with the Judicial Service Commission. Leaders of the parties represented in the National Assembly are also consulted regarding appointment of the President and Deputy President of the Constitutional Court. Other Judges of the Constitutional Court are appointed by the President based on a list submitted by the Judicial Service Commission and in consultation with the President of the Constitutional Court and leaders of parties represented in the National Assembly. Remaining Judges are appointed by the President on the advice of the Judicial Service Commission.
The Constitution grants the provincial governments concurrent or exclusive authority over many areas of public concern. In addition to the provincial governments, local government consists of a Municipal Council for each municipality. The Municipal Councils are elected on the basis of proportional representation to terms of no more than four years. Internet Resources: South African Government http://www.gov.za Constitutional Assembly http://www.constitution.org.za Constitutional Court http://www.concourt.gov.za/ II. CITATION GUIDE Supreme Court of Appeal http://www.law.wits.ac.za/sca/index.php Labour Courts http://www.law.wits.ac.za/labourcrt/ South African Law Commission http://www.law.wits.ac.za/salc/salc.html There is no uniform code of citation in South Africa. The following reflects accepted practices and suggestions. 1.0 Constitution Cite the Constitution (Constitution of the Republic of South Africa, Act 108 of 1996) by subdivision referenced and abbreviated title: Section 1(a) of the Constitution. This constitution replaced the Constitution of the Republic of South Africa, Act 200 of 1993, known as the “Interim Constitution.” 2.0 Legislation 2.1 Parliamentary Acts Cite Parliamentary Acts by title (optional), number, and year: Local Government Transition Act, 209 of 1993. Note: Parliamentary Acts are published in the Government Gazette (see Section 7.0 below). 2.2 Provincial Acts Cite Provincial Acts by title (optional), number, year, and the abbreviated name of the province (in parentheses): North West Local Government Laws Amendment Act, 7 of 1998 (NW). Province abbreviations include: Gauteng (G), KwaZulu-Natal (KZN), Western Cape (WC), etc. 167
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NEW YORK UNIVERSITY SCHOOL OF LAW J
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Contents FORWARD AND GENERAL INSTRU
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6.0 NEWSPAPERS AND WEEKLY JOURNALS
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JAPAN..............................
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9.0 CITATION OF ELECTRONIC MATERIAL
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II. CITATION GUIDE.................
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2.0 INTERNATIONAL CRIMINAL TRIBUNAL
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Forward and General Instructions Pu
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Acknowledgements Publication of the
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2 http://www.jus.gov.ar/ II. CITATI
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Courts of Ordinary Jurisdiction for
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III. SELECTED REFERENCES ENRIQUE R.
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The Federal Court of Australia was
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Generally, court names are not incl
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journal title (italicized), article
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authority to test the constitutiona
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16 Trial Court for cartels: Kartell
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There are two guides available for
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7.0 Official Publications Cite offi
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Internet Resources: 22 Federal Sena
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3.0 Jurisprudence Cite cases by typ
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26 CANADA I. COUNTRY PROFILE (Commo
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Cite laws by title (italicized), vo
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7.0 Official Publications Cite offi
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mainland China in 1997, but which k
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There is no comprehensive system of
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III. SELECTED REFERENCES WANG CHENG
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Administrative Court. Supreme Court
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Widely used monograph publications
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the other hand, do not bind Danish
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Regulations issued under the author
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46 Poul Nyrup, Europas Fremtid, tal
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handles cases involving the state.
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50 The official gazette of Egypt (a
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Internet Resource: 52 Parliament: h
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I. COUNTRY PROFILE (Civil Law) 54 F
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in the Statute Book, decisions of t
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I. COUNTRY PROFILE (Civil Law) 58 F
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2.1.1 Official Gazette Laws and dec
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62 Gazette du Palais (Gaz. Pal. or
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FRANÇOISE DREYFUS & FRANÇOIS D’
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of Justice (Bundesgerichtshof). In
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Many Federal Statutes can be found
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4.0 Books Cite books by name of the
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I. COUNTRY PROFILE (Civil Law) 72 G
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74 Ministerial Decision: Ypourgiki
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Cite articles in newspapers and wee
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78 Archive of Consultation (Green)
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80 Bendtzen, “The Double Marginal
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India does not have a uniform citat
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Previous reporters which no longer
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Cite articles in journals by name o
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support of the majority of the Hous
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Major law reporters are entitled an
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92 ISRAEL Medinat Israel (State of
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More formal citations, which includ
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Cite unpublished cases as if citing
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hears appeals from the Justice of t
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3.0 Jurisprudence Cite cases by cou
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I. COUNTRY PROFILE (Civil Law) 102
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exceptions, the Japanese government
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6.0 Newspapers and Weekly Journals
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2.0 Legislation Cite legislation by
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110 MEXICO Estados Unidos Mexicanos
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112 phraseology is allowed when the
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Cite only official reporters, the n
Page 134 and 135: JAMES E. HERGER, AN INTRODUCTION TO
Page 136 and 137: The Supreme Court is the highest co
Page 138 and 139: III. SELECTED REFERENCES DRISS BASR
Page 140 and 141: The highest court is the Supreme Co
Page 142 and 143: 3.1 Courts Ordinary Jurisdiction Co
Page 144 and 145: 126 NEW ZEALAND I. COUNTRY PROFILE
Page 146 and 147: Cite bills in the same way as acts
Page 148 and 149: Cite journal articles only availabl
Page 150 and 151: 132 NIGERIA Federal Republic of Nig
Page 152 and 153: 2.4 Edicts 134 Decree No.28 of 1970
Page 154 and 155: I. COUNTRY PROFILE (Civil Law) 136
Page 156 and 157: 3.1 Reporters The most common repor
Page 158 and 159: II. CITATION GUIDE There is no unif
Page 160 and 161: 4.0 Books 142 Khawaja Textile Mills
Page 162 and 163: 144 THE PHILIPPINES Republika ng Pi
Page 164 and 165: 2.3 Codes Cite codes by common titl
Page 166 and 167: 4.0 Books Cite books by volume (if
Page 170 and 171: 152 Art. 200 k.k. Alternatively, in
Page 172 and 173: 1.0 Constitution Cite the Constitut
Page 174 and 175: 8.0 Unpublished Materials Cite thes
Page 176 and 177: Rossiiskoi Federatsii). Ten Federal
Page 178 and 179: There are two main types of preside
Page 180 and 181: 6.0 Newspapers and Weekly Journals
Page 186 and 187: 3.0 Jurisprudence Cite cases by nam
Page 188 and 189: 170 SOUTH KOREA Taehan-min'guk (Rep
Page 190 and 191: 172 Code of Criminal Procedure (Hyo
Page 192 and 193: III. SELECTED REFERENCES SUPREME CO
Page 194 and 195: The autonomous communities operate
Page 196 and 197: 3.2 Reports When possible, cite to
Page 198 and 199: 180 Constitution Act: Regeringsform
Page 200 and 201: 182 SWITZERLAND Confédération Sui
Page 202 and 203: 2.2 Codes Cite codes by article and
Page 204 and 205: Tribunaux (JdT), La Semaine Judicia
Page 210 and 211: calendar, see Section 0.2 above), e
Page 212 and 213: 194 TANZANIA Jamhuri ya Muungano wa
Page 214 and 215: 3.2 Unreported Cases Cite unreporte
Page 216 and 217: 198 Parliament http://www.parliamen
Page 220 and 221: Other legislative sources of law us
Page 222 and 223: 204 Lutfi Duran, “Anayasa Mahkeme
Page 224 and 225: 206 UNITED KINGDOM I. COUNTRY PROFI
Page 226 and 227: 2.0 Legislation Cite a statute by s
Page 228 and 229: (BCLC)). In such circumstances, it
Page 230 and 231: 212 UNITED STATES OF AMERICA I. COU
Page 232 and 233: 2.1 State and Territory Abbreviatio
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4.0 Books Cite books by name of the
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218 UNITED NATIONS & INTERNATIONAL
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They have wide-ranging internationa
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Alternatively, cite U.N. SCOR by vo
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2.3.1 Parent Organs The major paren
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2.3.6 Various Examples 226 A/52/4 [
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3.0 International Court of Justice
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Maritime Delimitation Between Guine
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III. SELECTED REFERENCES ROGER A. C
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European Coal and Steel Community (
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1.0 Basic Treaties Since most of th
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Beyond these more formal rules, aut
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Case 26/76 Metro SB-Grossmärkte Gm
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Case 168/78 Commission v France (Al
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Cases 48, 49, 51-57/69 Imperial Che
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I. ORGANIZATION PROFILE 246 WORLD T
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Final Act Embodying Uruguay Round:
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1.2 Subsequent or Informal Citation
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of GATT/WTO schedules into the Harm
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254 Treatment by Germany of Imports
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III. SELECTED REFERENCES JEANNE REH
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4.2 General Comments Cite general c
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260 III. HYBRID COURTS (Internation
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2.1.1 Unreported Decisions before N
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1.3 Separate Opinions Cite separate
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266 Significant Multilateral Treati
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3.0 Human Rights Convention on the
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11.2 Road Traffic Convention on Roa
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23.0 Antarctica Antarctic Treaty (W
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4.0 Relationship of International a
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12.0 State Responsibility Salem Cas
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21.0 International Trade Law [See t
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