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南非1996年宪法是普通法系、大陆法系与南非习惯法冲突与融合的产物,是南非结合本国国情综合借鉴西方宪法的结果。它深受英、美、法、德等西方四国宪法的影响,是混合法的典型。西方四国宪法对南非现行宪法的影响主要体现在宪法关于国家形式、法院体系、公民基本权利这三个方面的规定上。从宪政发展来看,西方国家将持续对南非产生影响,南非宪法将继续向着有南非特色的混合法的方向演进。但是,随着南非民主与法治化进程的发展,习惯法和传统领导人的地位必将被逐渐削弱。
The 1996 constitution of South Africa is a common law system, the product of the conflict and integration between the civil law system and the customary law of South Africa, and is the result of South Africa’s comprehensive reference of the Western constitution in light of its own national conditions. It is deeply influenced by the constitutions of the four Western countries, such as Britain, the United States, France and Germany. It is a typical hybrid law. The influence of the constitution of the four countries in the West on the existing constitution in South Africa is mainly reflected in the three provisions of the Constitution concerning the state form, the court system and the basic rights of citizens. From the perspective of constitutional development, Western countries will continue to exert their influence on South Africa. The South African constitution will continue to move toward the hybrid law featuring South Africa. However, with the development of democracy and the rule of law in South Africa, the status of customary law and traditional leaders will surely be weakened.