Amending Legislation: Types and Hierarchy

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What is the competence of a Provincial Legislature in terms of legislation?

Amending Provincial Legislation (correct)
Amending Municipal Regulations
Amending Parliamentary Acts
Amending Constitutional Provisions

What is the term used to describe the process where courts modify the meaning of legislation through interpretation?

Constitutional Review
Legislative Interpretation
Informal Judicial Amendment (correct)
Formal Amendment

What is one of the functions of the Court in relation to legislation?

Constitutional Review
Law-making function
Amending Legislation
Application of Law (correct)

What happens when courts rule that legislation is unconstitutional?

A vacuum is created (A) Signup and view all the answers

What is the purpose of courts trying to interpret legislation to keep it in line with the Constitution?

To prevent a vacuum (A) Signup and view all the answers

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

Textual Amendment (C) Signup and view all the answers

What is the process of removing legislation from the statute book called?

Repeal (C) Signup and view all the answers

What is the basis for courts to invalidate legislation?

Constitutional grounds and compliance with administrative law requirements (C) Signup and view all the answers

What happens to a law that is declared unconstitutional by the High Court or SCA?

It has no force until confirmed by the Constitutional Court (D) Signup and view all the answers

Which section of the Constitution deals with the declaration of unconstitutional legislation?

Section 172 (B) Signup and view all the answers

What is the purpose of modifying the legislative meaning during interpretation?

To ensure it reflects the purpose and object of the legislation (B) Signup and view all the answers

What happens to local government or subordinate legislation that is declared unconstitutional by the High Court or SCA?

It does not need to be confirmed by the Constitutional Court (C) Signup and view all the answers

What is the process by which a court can invalidate delegated legislation?

Administrative law review (D) Signup and view all the answers

What happens when a law repeals wholly or partially any former law and substitutes provisions for the law so repealed, but there is no express transitional period?

The repealed law remains in force until the substituted provisions come into operation (A) Signup and view all the answers

What is the difference between repeal and substitution?

Repeal is the revocation of legislation, while substitution is the modification of legislation (D) Signup and view all the answers

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

To prevent legislative short circuits (D) Signup and view all the answers

What is the result of repealing legislation without substituting it?

The repealed legislation is deleted (D) Signup and view all the answers

What is the competent authority that can repeal legislation?

The legislature (C) Signup and view all the answers

When interpreting a statute, what is the general approach?

Construe the statute in conformity with the common law, unless it is plainly intended to alter it. (D) Signup and view all the answers

What is the assumption when interpreting a subsequent Act?

The legislature did not intend to repeal or modify the earlier Act. (D) Signup and view all the answers

What should be done when interpreting two contradictory provisions?

Prefer the interpretation that reconciles the two provisions. (C) Signup and view all the answers

What is the result if reconciliation of two contradictory provisions is impossible?

The necessary implication is that the later provision prevails. (B) Signup and view all the answers

What is the purpose of the presumption in favor of the common law?

To provide a default interpretation in the absence of clear intent. (C) Signup and view all the answers

What is the principle behind the approach of construing a statute in conformity with the common law?

The legislature does not intend to alter the common law unless it is clearly stated. (B) 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 remain in force unless Act (A) expressly provides for their repeal (B) Signup and view all the answers

What is the purpose of a sunset clause in legislation?

To limit the lifespan of a law (D) Signup and view all the answers

What happens when two enactments clash?

The newest enactment prevails (B) Signup and view all the answers

What is required for the presumption of implied repeal to apply?

The two enactments must be on the same hierarchical level (C) Signup and view all the answers

What is the effect of suspension legislation on a law?

The law remains in force but its operation is halted (C) Signup and view all the answers

What is the relationship between an earlier legislation and a later legislation that incorporates it by reference?

The earlier legislation is not affected (B) Signup and view all the answers