Changes to Legislation

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Legislation that is inconsistent with the ______ is not automatically declared unconstitutional and invalid.

Constitution

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.

delegated

A ______ body must amend or repeal legislation.

competent Signup and view all the answers

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.

Interpretation Signup and view all the answers

According to common law principle of implied powers, power to enact ______ includes power to amend and repeal.

implies Signup and view all the answers

Delegated legislation can be invalidated by a court if it does not comply with the requirements of ______ law.

administrative Signup and view all the answers

Repeal is the revocation of legislation by the relevant competent ______.

lawmaker Signup and view all the answers

The rule in Minister of Police v Haunawa only applies if the objects of the two conflicting provisions are in ______.

pari materia Signup and view all the answers

Legislative repeal by implication will only be accepted by the court if the subsequent legislation ______ contradicts the earlier legislation.

manifestly Signup and view all the answers

When repealing Act (A) with Act (B), there might be the possibility that Act (A) is repealed and Act (B) is not yet in ______ at that time.

force Signup and view all the answers

The repealed law shall remain in ______ until the substituted provisions come into operation.

force Signup and view all the answers

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.

generalia Signup and view all the answers

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 ______.

provision Signup and view all the answers

To prevent this legislative short circuit the repealing legislation may expressly provide for a suitable ______ period.

transitional Signup and view all the answers

First National Bank of SA v Puckriah reflects the judgement in ______.

Entabeni Signup and view all the answers

§ Section ______ of the Interpretations Act explains what happens when a law repeals wholly or partially any former law.

11 Signup and view all the answers

Legislation may be amended by a competent ______.

legislator Signup and view all the answers

A ______ can amend a Parliamentary Act with another Parliamentary Act.

Parliament Signup and view all the answers

According to the hierarchies, Municipalities can amend ______ regulations/laws.

municipal Signup and view all the answers

Non-Textual amendment is also known as ______ amendment.

indirect Signup and view all the answers

The Court's ______ function is to apply the law.

primary Signup and view all the answers

Courts may try to ______ legislation to keep it in line with the Constitution.

interpret Signup and view all the answers

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 ______.

repealed Signup and view all the answers

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.

repealed Signup and view all the answers

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.

sunset Signup and view all the answers

In cases of implied repeal, the newest ______ prevails.

enactment Signup and view all the answers

For the presumption of implied repeal to apply, the two enactments must be on the same ______ level.

hierarchical Signup and view all the answers

When legislation is suspended, it ______ in force, but its operation is halted for the time being.

remains Signup and view all the answers

Changes to Legislation

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Questions and Answers

Legislation that is inconsistent with the ______ is not automatically declared unconstitutional and invalid.

Common law rules can be abrogated through ______ but legislation cannot.

Before 1994, courts could only invalidate ______ legislation which did not comply with common law rules of administrative law.

A ______ body must amend or repeal legislation.

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.

According to common law principle of implied powers, power to enact ______ includes power to amend and repeal.

Delegated legislation can be invalidated by a court if it does not comply with the requirements of ______ law.

Repeal is the revocation of legislation by the relevant competent ______.

The rule in Minister of Police v Haunawa only applies if the objects of the two conflicting provisions are in ______.

Legislative repeal by implication will only be accepted by the court if the subsequent legislation ______ contradicts the earlier legislation.

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.

The repealed law shall remain in ______ until the substituted provisions come into operation.

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.

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 ______.

To prevent this legislative short circuit the repealing legislation may expressly provide for a suitable ______ period.

First National Bank of SA v Puckriah reflects the judgement in ______.

§ Section ______ of the Interpretations Act explains what happens when a law repeals wholly or partially any former law.

Legislation may be amended by a competent ______.

A ______ can amend a Parliamentary Act with another Parliamentary Act.

According to the hierarchies, Municipalities can amend ______ regulations/laws.

Non-Textual amendment is also known as ______ amendment.

The Court's ______ function is to apply the law.

Courts may try to ______ legislation to keep it in line with the Constitution.

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 ______.

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.

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.

In cases of implied repeal, the newest ______ prevails.

For the presumption of implied repeal to apply, the two enactments must be on the same ______ level.

When legislation is suspended, it ______ in force, but its operation is halted for the time being.

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