30 Questions
Which entity is competent to amend a Provincial Legislation?
Provincial Legislature
What is the primary function of the Court in relation to legislation?
Application of Law
What type of amending legislation involves changing the original wording of the legislation?
Textual
What is the purpose of the Court's attempt to interpret legislation during Constitutional Review?
To prevent a vacuum in the law
What is the term for the Court's modification of the meaning of legislation through interpretation?
Informal Judicial Amendment
What is the hierarchy of legislation that can be amended by a competent legislature?
Parliamentary, Provincial, Municipal
What is the consequence of a delegated legislation that does not comply with administrative law?
It can be invalidated by a court.
What is the purpose of a transitional period in repealing legislation?
To prevent legislative short circuits.
What happens to a repealed law if there is no express transitional period?
It remains in force until the new law comes into operation.
What is the effect of repeal on a legislation?
It is deleted or revoked.
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It provides for the preservation of repealed laws until new laws come into operation.
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.
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They are not repealed unless Act (A) expressly provides for that repeal.
What is the purpose of a sunset clause in legislation?
To terminate all or portions of the law after a specific date.
What happens when two enactments clash?
The newest enactment prevails.
When can the presumption of implied repeal apply?
When the two enactments are on the same hierarchical level and the same level of generality.
What is the effect of temporarily suspending legislation?
Its operation is halted for the time being.
What is the result of a repeal of legislation incorporated by reference?
The incorporated provisions remain in force.
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
What is the purpose of the cessante ratione legis, cessat et ipsa lex rule?
To suspend conflicting legislation
In cases of conflict between national and provincial legislation, which legislation may prevail?
Either the national or provincial legislation, depending on the case
What is the implication of the Overview Presumption in legislation interpretation?
Legislation should be interpreted to be in accordance with existing law
What is the effect of formal amendment with a sunset clause on legislation?
The legislation is amended temporarily, until the sunset clause expires
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
What is the primary purpose of Section 12 of the Interpretation Act?
To interpret references to repealed laws
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
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
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
What is the limitation of Section 12 of the Interpretation Act?
It only applies to rights derived from legislation
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
Test your knowledge on how legislation can be amended by a competent legislature, including Parliament, Provincial Legislature, and Municipalities. Learn about the two types of amending legislation, non-textual and textual. Understand the hierarchies and process of amending laws and regulations.
Make Your Own Quizzes and Flashcards
Convert your notes into interactive study material.
Get started for free
