Amending Legislation: Types and Hierarchy
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Questions and Answers

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?

    <p>A vacuum is created</p> Signup and view all the answers

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

    <p>To prevent a vacuum</p> Signup and view all the answers

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

    <p>Textual Amendment</p> Signup and view all the answers

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

    <p>Repeal</p> Signup and view all the answers

    What is the basis for courts to invalidate legislation?

    <p>Constitutional grounds and compliance with administrative law requirements</p> Signup and view all the answers

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

    <p>It has no force until confirmed by the Constitutional Court</p> Signup and view all the answers

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

    <p>Section 172</p> Signup and view all the answers

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

    <p>To ensure it reflects the purpose and object of the legislation</p> Signup and view all the answers

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

    <p>It does not need to be confirmed by the Constitutional Court</p> Signup and view all the answers

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

    <p>Administrative law review</p> 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?

    <p>The repealed law remains in force until the substituted provisions come into operation</p> Signup and view all the answers

    What is the difference between repeal and substitution?

    <p>Repeal is the revocation of legislation, while substitution is the modification of legislation</p> Signup and view all the answers

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

    <p>To prevent legislative short circuits</p> Signup and view all the answers

    What is the result of repealing legislation without substituting it?

    <p>The repealed legislation is deleted</p> Signup and view all the answers

    What is the competent authority that can repeal legislation?

    <p>The legislature</p> Signup and view all the answers

    When interpreting a statute, what is the general approach?

    <p>Construe the statute in conformity with the common law, unless it is plainly intended to alter it.</p> Signup and view all the answers

    What is the assumption when interpreting a subsequent Act?

    <p>The legislature did not intend to repeal or modify the earlier Act.</p> Signup and view all the answers

    What should be done when interpreting two contradictory provisions?

    <p>Prefer the interpretation that reconciles the two provisions.</p> Signup and view all the answers

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

    <p>The necessary implication is that the later provision prevails.</p> Signup and view all the answers

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

    <p>To provide a default interpretation in the absence of clear intent.</p> Signup and view all the answers

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

    <p>The legislature does not intend to alter the common law unless it is clearly stated.</p> 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)?

    <p>They remain in force unless Act (A) expressly provides for their repeal</p> Signup and view all the answers

    What is the purpose of a sunset clause in legislation?

    <p>To limit the lifespan of a law</p> Signup and view all the answers

    What happens when two enactments clash?

    <p>The newest enactment prevails</p> Signup and view all the answers

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

    <p>The two enactments must be on the same hierarchical level</p> Signup and view all the answers

    What is the effect of suspension legislation on a law?

    <p>The law remains in force but its operation is halted</p> Signup and view all the answers

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

    <p>The earlier legislation is not affected</p> Signup and view all the answers

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