Amending Legislation in Government

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Which entity is competent to amend a Provincial Legislation?

Court

Municipality

Parliament

Provincial Legislature (correct)

What is the primary function of the Court in relation to legislation?

Legislative Review

Application of Law (correct)

Judicial Amendment

Law-making

What type of amending legislation involves changing the original wording of the legislation?

Textual (correct)

Non-Textual

Formal Amendment

Informal Judicial

What is the purpose of the Court's attempt to interpret legislation during Constitutional Review?

To prevent a vacuum in the law Signup and view all the answers

What is the term for the Court's modification of the meaning of legislation through interpretation?

Informal Judicial Amendment Signup and view all the answers

What is the hierarchy of legislation that can be amended by a competent legislature?

Parliamentary, Provincial, Municipal Signup and view all the answers

What is the consequence of a delegated legislation that does not comply with administrative law?

It can be invalidated by a court. Signup and view all the answers

What is the purpose of a transitional period in repealing legislation?

To prevent legislative short circuits. Signup and view all the answers

What happens to a repealed law if there is no express transitional period?

It remains in force until the new law comes into operation. Signup and view all the answers

What is the effect of repeal on a legislation?

It is deleted or revoked. Signup and view all the answers

What is the role of Section 11 of the Interpretations Act?

It provides for the preservation of repealed laws until new laws come into operation. Signup and view all the answers

What is the difference between repeal and substitution of legislation?

Repeal is deletion of the old law, while substitution is replacement with a new law. Signup and view all the answers

What happens to provisions of Act (B) that were incorporated into other Acts by reference when Act (A) repeals Act (B)?

They are not repealed unless Act (A) expressly provides for that repeal. Signup and view all the answers

What is the purpose of a sunset clause in legislation?

To terminate all or portions of the law after a specific date. Signup and view all the answers

What happens when two enactments clash?

The newest enactment prevails. Signup and view all the answers

When can the presumption of implied repeal apply?

When the two enactments are on the same hierarchical level and the same level of generality. Signup and view all the answers

What is the effect of temporarily suspending legislation?

Its operation is halted for the time being. Signup and view all the answers

What is the result of a repeal of legislation incorporated by reference?

The incorporated provisions remain in force. Signup and view all the answers

What is the implication of a court ruling that one piece of legislation prevails over another?

The other legislation is suspended as long as the conflict remains Signup and view all the answers

What is the purpose of the cessante ratione legis, cessat et ipsa lex rule?

To suspend conflicting legislation Signup and view all the answers

In cases of conflict between national and provincial legislation, which legislation may prevail?

Either the national or provincial legislation, depending on the case Signup and view all the answers

What is the implication of the Overview Presumption in legislation interpretation?

Legislation should be interpreted to be in accordance with existing law Signup and view all the answers

What is the effect of formal amendment with a sunset clause on legislation?

The legislation is amended temporarily, until the sunset clause expires Signup and view all the answers

What is the result when a court finds that a piece of legislation conflicts with another?

The court suspends the conflicting legislation until the conflict is resolved Signup and view all the answers

What is the primary purpose of Section 12 of the Interpretation Act?

To interpret references to repealed laws Signup and view all the answers

What is the effect of Section 12(2) of the Interpretation Act?

A repealed Act does not regain the force of law if the repealing Act is repealed Signup and view all the answers

What is the current position with respect to ongoing disputes when a law is repealed?

The current position is preserved until the pending case is finished Signup and view all the answers

What is the effect of repeal on actions executed legally in line with legislation before it was repealed?

Such actions remain valid and in force after repeal Signup and view all the answers

What is the limitation of Section 12 of the Interpretation Act?

It only applies to rights derived from legislation Signup and view all the answers

What is the time period during which the Commission may exercise powers in terms of a repealed law?

Three years after the general effective date of repeal Signup and view all the answers