The Relevance And Influence Of The South African Constitution On Maritime Law

Chitando, Simbarashe Tafadzwa

The Relevance And Influence Of The South African Constitution On Maritime Law

Thesis / Dissertation

2007

Abstract

"The new Constitution has invigorated our entire body of legal science ... (and) has rejuvenated legal thought across the whole spectrum of law teaching and research "1 Professor Marrinus Wiechers. Maritime Law is no exception to the new era of constitutional democracy that this country has embarked on. It should too be "rejuvenated" or altered, where necessary, to be malleable to the new constitutional dispensation. The South African Constitution is admired as one of the most advanced in the world. This accolade is owed to the progressive Bill of Rights enshrined in Chapter 2 of the Constitution. The Bill of Rights has revolutionized South African jurisprudence in that it both directly and indirectly influences all law in the country, including Shipping Law, whose origins are largely Roman Dutch and English2 and to some extent international treaties, conventions, and customs3 This dissertation shall strive to challenge Maritime Law on its ability to conform to the Constitution, and more specifically the Bill of Rights. Where the dissertation finds shortcomings in Maritime law it shall make suggestions as to necessary changes that ought to be prevailed on to lawmakers to bring the law to conformity with the standards encapsulated in the Constitution.

Keywords

Law

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