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Questions and Answers
Legislation that is inconsistent with the ______ is not automatically declared unconstitutional and invalid.
Legislation that is inconsistent with the ______ is not automatically declared unconstitutional and invalid.
Constitution
Common law rules can be abrogated through ______ but legislation cannot.
Common law rules can be abrogated through ______ but legislation cannot.
disuse
Before 1994, courts could only invalidate ______ legislation which did not comply with common law rules of administrative law.
Before 1994, courts could only invalidate ______ legislation which did not comply with common law rules of administrative law.
delegated
A ______ body must amend or repeal legislation.
A ______ body must amend or repeal legislation.
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Section 10 of the ______ Act states that power to enact includes power to repeal or amend, unless the contrary can be found from the wording of the enabling Act.
Section 10 of the ______ Act states that power to enact includes power to repeal or amend, unless the contrary can be found from the wording of the enabling Act.
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According to common law principle of implied powers, power to enact ______ includes power to amend and repeal.
According to common law principle of implied powers, power to enact ______ includes power to amend and repeal.
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Delegated legislation can be invalidated by a court if it does not comply with the requirements of ______ law.
Delegated legislation can be invalidated by a court if it does not comply with the requirements of ______ law.
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Repeal is the revocation of legislation by the relevant competent ______.
Repeal is the revocation of legislation by the relevant competent ______.
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The rule in Minister of Police v Haunawa only applies if the objects of the two conflicting provisions are in ______.
The rule in Minister of Police v Haunawa only applies if the objects of the two conflicting provisions are in ______.
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Legislative repeal by implication will only be accepted by the court if the subsequent legislation ______ contradicts the earlier legislation.
Legislative repeal by implication will only be accepted by the court if the subsequent legislation ______ contradicts the earlier legislation.
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When repealing Act (A) with Act (B), there might be the possibility that Act (A) is repealed and Act (B) is not yet in ______ at that time.
When repealing Act (A) with Act (B), there might be the possibility that Act (A) is repealed and Act (B) is not yet in ______ at that time.
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The repealed law shall remain in ______ until the substituted provisions come into operation.
The repealed law shall remain in ______ until the substituted provisions come into operation.
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According to the rule ______ specialibus non derogant, it is presumed that a provision in a subsequent general Act does not repeal an earlier specific provision.
According to the rule ______ specialibus non derogant, it is presumed that a provision in a subsequent general Act does not repeal an earlier specific provision.
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In Sappi Fine Papers (Pty) Ltd v ICI Canada Inc, it is stated that a provision in a subsequent general Act does not repeal an earlier specific ______.
In Sappi Fine Papers (Pty) Ltd v ICI Canada Inc, it is stated that a provision in a subsequent general Act does not repeal an earlier specific ______.
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To prevent this legislative short circuit the repealing legislation may expressly provide for a suitable ______ period.
To prevent this legislative short circuit the repealing legislation may expressly provide for a suitable ______ period.
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First National Bank of SA v Puckriah reflects the judgement in ______.
First National Bank of SA v Puckriah reflects the judgement in ______.
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§ Section ______ of the Interpretations Act explains what happens when a law repeals wholly or partially any former law.
§ Section ______ of the Interpretations Act explains what happens when a law repeals wholly or partially any former law.
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Legislation may be amended by a competent ______.
Legislation may be amended by a competent ______.
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A ______ can amend a Parliamentary Act with another Parliamentary Act.
A ______ can amend a Parliamentary Act with another Parliamentary Act.
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According to the hierarchies, Municipalities can amend ______ regulations/laws.
According to the hierarchies, Municipalities can amend ______ regulations/laws.
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Non-Textual amendment is also known as ______ amendment.
Non-Textual amendment is also known as ______ amendment.
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The Court's ______ function is to apply the law.
The Court's ______ function is to apply the law.
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Courts may try to ______ legislation to keep it in line with the Constitution.
Courts may try to ______ legislation to keep it in line with the Constitution.
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If Act (A) repeals Act (B), the question of whether provisions of Act (B) which were incorporated into other Act’s by reference are also ______.
If Act (A) repeals Act (B), the question of whether provisions of Act (B) which were incorporated into other Act’s by reference are also ______.
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According to Solicitor-General v Malgas, where earlier legislation is incorporated by reference into later legislation, it is not simultaneously ______ when the earlier legislation is repealed.
According to Solicitor-General v Malgas, where earlier legislation is incorporated by reference into later legislation, it is not simultaneously ______ when the earlier legislation is repealed.
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A ______ clause is a provision in legislation which terminates all or portions of the law after a specific date, unless further legislative action is taken to extend it.
A ______ clause is a provision in legislation which terminates all or portions of the law after a specific date, unless further legislative action is taken to extend it.
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In cases of implied repeal, the newest ______ prevails.
In cases of implied repeal, the newest ______ prevails.
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For the presumption of implied repeal to apply, the two enactments must be on the same ______ level.
For the presumption of implied repeal to apply, the two enactments must be on the same ______ level.
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When legislation is suspended, it ______ in force, but its operation is halted for the time being.
When legislation is suspended, it ______ in force, but its operation is halted for the time being.
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