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Courts may modify the initial meaning of legislative text to ensure it reflects the ______ and object of the legislation.
Courts may modify the initial meaning of legislative text to ensure it reflects the ______ and object of the legislation.
purpose
The process whereby the legislation is deleted, in other words, removed from the statute book is known as ______.
The process whereby the legislation is deleted, in other words, removed from the statute book is known as ______.
repeal
The ______ Court may declare legislation unconstitutional according to Section 172 of the Constitution.
The ______ Court may declare legislation unconstitutional according to Section 172 of the Constitution.
Constitutional
Legislation can be declared unconstitutional if it ______ a fundamental right or is in conflict with another constitutional requirement.
Legislation can be declared unconstitutional if it ______ a fundamental right or is in conflict with another constitutional requirement.
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According to S172(1), a Court must declare legislation ______ with the Constitution as unconstitutional.
According to S172(1), a Court must declare legislation ______ with the Constitution as unconstitutional.
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If a High Court or SCA declares legislation unconstitutional, it has no force until ______ by the Constitutional Court.
If a High Court or SCA declares legislation unconstitutional, it has no force until ______ by the Constitutional Court.
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If provision ______ is repealed and later re-enacted as Y, all references to X in other existing legislation must be interpreted as references to Y.
If provision ______ is repealed and later re-enacted as Y, all references to X in other existing legislation must be interpreted as references to Y.
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According to § S12(2), a repealed Act does not regain the force of ______ if the repealing Act itself is repealed.
According to § S12(2), a repealed Act does not regain the force of ______ if the repealing Act itself is repealed.
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In the case of Transnet Ltd v Ngcezula, the current ______ is preserved until the pending case is finished.
In the case of Transnet Ltd v Ngcezula, the current ______ is preserved until the pending case is finished.
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Actions executed legally in line with legislation before it was repealed, remain valid and in ______ after repeal.
Actions executed legally in line with legislation before it was repealed, remain valid and in ______ after repeal.
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The right or privilege in question must have been acquired or accrued in terms of the repealed ______ before the repeal.
The right or privilege in question must have been acquired or accrued in terms of the repealed ______ before the repeal.
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Despite the repeal of laws, for a period of three years after the general effective date of repeal the Commission may exercise any powers in terms of that repealed ______ to investigate any breach of that law that occurred during the period of three years immediately before the general effective date.
Despite the repeal of laws, for a period of three years after the general effective date of repeal the Commission may exercise any powers in terms of that repealed ______ to investigate any breach of that law that occurred during the period of three years immediately before the general effective date.
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Common law rules can be abrogated through ______ but legislation cannot be.
Common law rules can be abrogated through ______ but legislation cannot be.
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In order for legislation to “disappear” it must be ______ by a competent body; or declared invalid by a court.
In order for legislation to “disappear” it must be ______ by a competent body; or declared invalid by a court.
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Pre 1994, ______ was Sovereign and courts could only invalidate delegated legislation which did not comply with common law rules of administrative law.
Pre 1994, ______ was Sovereign and courts could only invalidate delegated legislation which did not comply with common law rules of administrative law.
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The ______ is not “self-executing.” Legislation that is inconsistent with the Constitution is not automatically declared unconstitutional and invalid.
The ______ is not “self-executing.” Legislation that is inconsistent with the Constitution is not automatically declared unconstitutional and invalid.
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A ______ must declare legislation invalid if it is inconsistent with the Constitution.
A ______ must declare legislation invalid if it is inconsistent with the Constitution.
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Section 10 of the Interpretation Act states that power to ______ includes power to repeal or amend, unless the contrary can be found from the wording of the enabling Act.
Section 10 of the Interpretation Act states that power to ______ includes power to repeal or amend, unless the contrary can be found from the wording of the enabling Act.
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The judgement in Entabeni is reflected in the case of First National Bank of SA v ______.
The judgement in Entabeni is reflected in the case of First National Bank of SA v ______.
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According to the rule, generalia ______ non derogant, a provision in a subsequent general Act does not repeal an earlier specific provision.
According to the rule, generalia ______ non derogant, a provision in a subsequent general Act does not repeal an earlier specific provision.
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The rule of legislative repeal by implication only applies if the objects of the two conflicting provisions are in ______.
The rule of legislative repeal by implication 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 manifestly ______ the earlier legislation.
Legislative repeal by implication will only be accepted by the court if the subsequent legislation manifestly ______ the earlier legislation.
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The case of Minister of Police v Haunawa relates to legislative repeal by implication, which only applies if the objects of the two conflicting provisions are in ______.
The case of Minister of Police v Haunawa relates to legislative repeal by implication, which only applies if the objects of the two conflicting provisions are in ______.
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It is a sound rule to construe a statute in ______ with the common law rather than against it, except where and so far as necessary.
It is a sound rule to construe a statute in ______ with the common law rather than against it, except where and so far as necessary.
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It is presumed that legislation does not alter the ______.
It is presumed that legislation does not alter the ______.
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This presumption is rebutted if legislation clearly provides that the ______ is being altered on a particular point.
This presumption is rebutted if legislation clearly provides that the ______ is being altered on a particular point.
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An attempt should be made to read the earlier and subsequent legislation together in an effort to ______ them.
An attempt should be made to read the earlier and subsequent legislation together in an effort to ______ them.
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If two apparently contradictory provisions are capable of a sensible interpretation which would ______ the apparent contradiction, that interpretation should be preferred.
If two apparently contradictory provisions are capable of a sensible interpretation which would ______ the apparent contradiction, that interpretation should be preferred.
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If such reconciliation is impossible, it has to be presumed by necessary implication that the latter of the two provisions ______, resulting in the amendment or repeal of the earlier one.
If such reconciliation is impossible, it has to be presumed by necessary implication that the latter of the two provisions ______, resulting in the amendment or repeal of the earlier one.
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