Changes to Legislation

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What is the role of a competent legislature in amending legislation?

To review the constitutionality of legislation

To interpret legislation through court decisions

To amend existing legislation with another act (correct)

To create new legislation

What is the primary function of the court?

Constitutional Review

Interpretation of legislation

Application of Law (correct)

Law-making function

What is the purpose of informal judicial amendment?

To modify the meaning of legislation through interpretation (correct)

To review the constitutionality of legislation

To amend legislation with another act

To create new legislation

What happens when a court rules legislation unconstitutional?

It creates a vacuum Signup and view all the answers

What is the purpose of textual amendment?

To change the wording of original legislation Signup and view all the answers

Which body can amend provincial legislation?

Provincial Legislature Signup and view all the answers

What is the primary difference in the power of courts before and after 1994?

Courts could only invalidate delegated legislation before 1994. Signup and view all the answers

What is necessary for legislation to 'disappear'?

A declaration of invalidity by a court or repeal by a competent body Signup and view all the answers

What is implied in the power to enact legislation?

The power to amend and repeal, unless contrary intentions are evident Signup and view all the answers

Who has the power to amend or repeal legislation?

Certain bodies, including Parliament, Provincial Legislatures, and Municipalities, have the power to amend or repeal Signup and view all the answers

What is necessary for a court to declare legislation invalid?

A court can declare legislation invalid if it is inconsistent with the Constitution Signup and view all the answers

What is the relationship between the Constitution and legislation?

Legislation inconsistent with the Constitution is only invalid if a court declares it so Signup and view all the answers

What can happen to delegated legislation if it does not comply with administrative law requirements?

It can be invalidated by a court. Signup and view all the answers

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

To provide a smooth transition from the old law to the new one. Signup and view all the answers

What happens to a repealed law when there is no express transitional period?

It remains in force until the new law comes into operation. Signup and view all the answers

What is the difference between repeal and substitution of legislation?

Repeal is a deletion, while substitution is a replacement. Signup and view all the answers

What is the role of Section 11 of the Interpretations Act?

It ensures that repealed laws remain in force until new laws take effect. Signup and view all the answers

What happens when a law is repealed without being substituted?

The law is deleted, leaving a legislative gap. Signup and view all the answers

What happens to provisions incorporated by reference when the original legislation is repealed?

They are unaffected Signup and view all the answers

What is the primary purpose of a sunset clause?

To provide a limited lifespan for legislation Signup and view all the answers

What occurs when two enactments clash?

The newer enactment prevails Signup and view all the answers

What is the effect of suspending legislation?

The legislation remains in force, but its operation is halted Signup and view all the answers

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

The enactments must be on the same hierarchical level and have the same level of generality Signup and view all the answers

What is the result of repealing legislation that incorporated provisions by reference?

The incorporated provisions remain unaffected Signup and view all the answers

What is the outcome when a court rules that one piece of legislation prevails over another?

The other legislation is suspended until the conflict is resolved Signup and view all the answers

What is the purpose of the cessante ratione legis, cessat et ipsa lex rule?

To suspend legislation that is in conflict with another Signup and view all the answers

What is the Overview Presumption in relation to legislation?

Legislation should be interpreted to minimize changes to existing law Signup and view all the answers

What happens when there is a conflict between national and provincial legislation?

Either the national or provincial legislation may prevail, depending on the circumstances Signup and view all the answers

What is the effect of a court's ruling on conflicting legislation?

The court's ruling suspends the conflicting legislation Signup and view all the answers

What is the purpose of formal amendment with a sunset clause?

To suspend legislation temporarily Signup and view all the answers