论国际法与南非共和国国内法之间的关系问题——以宪政发展变迁为视角

On the Relationship Between International Law and Municipal Law of the Republic of South Africon——From the Development of Constitutionalism Perspective

南非共和国作为非洲大陆中一支独特的"法律万花筒",其混合着各类法律制度,法律构成也复杂多样。当国际法规范与南非共和国国内法规范相互交织时,如何在南非国内合理地适用国际法成为亟待解决的法律难题。本文试图以南非共和国的宪政改革变迁为视角,通过对不同时期的分析对比,探讨各类国际法渊源在南非国内适用的基本方式。南非共和国不同宪法时期里国际法适用所存在的问题与不足,表明了有必要对相关的宪法规范与实务操作进行深入研究。

The Republic of South Africa was viewed as an unique ＂kaleidoscope＂ law in the African continent, which its mixed with all kinds of legal system and complicated legal form. When it comes to the norms of international law and municipal law are intertwined in South Africa, Application of International Law in the South Africa has become the legal issues to be solved. This paper based on the theory in combine with judieial practice and treated the development of constitutional- ism as a research angle of view to explore the relationship between international law and municipal law. Through contrast analysis in different periods, it clearly expounds the basic way of various ori- gin with South Africa＇s international law applicable, which are mainly included adoption and trans- form in the method. Finally, this paper analyzes the existing international law applicable in different constitution period problem and deficiency. It is essential therefore to explore the constitutional norms and need to practice conducted in-depth research.