What is the repugnancy doctrine?
The doctrine of repugnancy describes the situation where a State or territory law is rendered invalid for being inconsistent with paramount law. Paramount law emanates from the original source of State or territory legislative power.
Is repugnancy clause still applicable?
The so-called ‘repugnancy proviso’ has not been invoked by South African courts for many years and in other southern African states it has been repealed because of its associations with the colonial past.
What is the meaning of repugnancy test?
The process for determining the abolition or rejection of perceived unwholesome or inhuman Customary Law on the ground that it is obnoxious is what is now very popularly known as the Repugnancy Test.
What is meant by repugnance?
Definition of repugnance 1a : the quality or fact of being contradictory or inconsistent. b : an instance of such contradiction or inconsistency. 2 : strong dislike, distaste, or antagonism.
Which of the following cases are related to doctrine of repugnancy?
Karunanidhi v. Union of India. In this case, a constitutional bench of the Apex court considered the question of repugnancy between a law made by the Parliament and a law made by the State legislature.
Which Act currently contains the repugnancy clause?
An example of this repugnancy clause is in the Law of Evidence Amendment Act 45 of 1988 (quoted below), which codifies the fact that the courts may take judicial notice of customary law, though this is qualified by the fact that such law has to be “readily ascertainable and sufficiently certain”.
What is repugnancy clause South Africa?
This doctrine prescribes that the courts shall not enforce any customary law rule if it is contrary to public policy or repugnant to natural justice, equity and good conscience.
Which Act currently contains repugnancy clause?
Why is customary law repugnant?
According to Section 27(1) for customary law to be enforced it must, amongst others, not be repugnant to natural justice, equity and good conscience. The word ‘repugnant’ means highly distasteful or offensive, opposed or contrary to, as in nature. 9 The precise ancestry of the test is somewhat in doubt.
Is customary marriage legal in Nigeria?
Customary marriage and statutory marriage are both recognised by law in Nigeria.
How do you use repugnance in a sentence?
Repugnance sentence example
- The repugnance to animal food is not the effect of experience, but is an instinct.
- He showed no repugnance to a change of masters, and began to make overtures to the Medici.
- Pierre turned away with repugnance , and closing his eyes quickly fell back on the carriage seat.