30 Questions
What is the competence of a Provincial Legislature in terms of legislation?
Amending Provincial Legislation
What is the term used to describe the process where courts modify the meaning of legislation through interpretation?
Informal Judicial Amendment
What is one of the functions of the Court in relation to legislation?
Application of Law
What happens when courts rule that legislation is unconstitutional?
A vacuum is created
What is the purpose of courts trying to interpret legislation to keep it in line with the Constitution?
To prevent a vacuum
What type of amendment involves changing the wording of the original legislation?
Textual Amendment
What is the process of removing legislation from the statute book called?
Repeal
What is the basis for courts to invalidate legislation?
Constitutional grounds and compliance with administrative law requirements
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
Which section of the Constitution deals with the declaration of unconstitutional legislation?
Section 172
What is the purpose of modifying the legislative meaning during interpretation?
To ensure it reflects the purpose and object of the legislation
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
What is the process by which a court can invalidate delegated legislation?
Administrative law review
What happens when a law repeals wholly or partially any former law and substitutes provisions for the law so repealed, but there is no express transitional period?
The repealed law remains in force until the substituted provisions come into operation
What is the difference between repeal and substitution?
Repeal is the revocation of legislation, while substitution is the modification of legislation
What is the purpose of a transitional period in repealing legislation?
To prevent legislative short circuits
What is the result of repealing legislation without substituting it?
The repealed legislation is deleted
What is the competent authority that can repeal legislation?
The legislature
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.
What is the assumption when interpreting a subsequent Act?
The legislature did not intend to repeal or modify the earlier Act.
What should be done when interpreting two contradictory provisions?
Prefer the interpretation that reconciles the two provisions.
What is the result if reconciliation of two contradictory provisions is impossible?
The necessary implication is that the later provision prevails.
What is the purpose of the presumption in favor of the common law?
To provide a default interpretation in the absence of clear intent.
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.
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
What is the purpose of a sunset clause in legislation?
To limit the lifespan of a law
What happens when two enactments clash?
The newest enactment prevails
What is required for the presumption of implied repeal to apply?
The two enactments must be on the same hierarchical level
What is the effect of suspension legislation on a law?
The law remains in force but its operation is halted
What is the relationship between an earlier legislation and a later legislation that incorporates it by reference?
The earlier legislation is not affected
Learn about the formal amendment of legislation by a competent legislature, including the hierarchies of Parliament, Provincial Legislature, and Municipalities, as well as the two types of amending legislation: non-textual and textual.
Make Your Own Quizzes and Flashcards
Convert your notes into interactive study material.
Get started for free
