Podcast Beta
Questions and Answers
The student will be able to define, consider and understand the concepts of ______ as source of law.
legislation
Law is made for and by ______.
people
The Republic of South Africa has a ______ legal system.
mixed
Enacted law-text is referred to as ______ law-text.
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According to Kleyn & Viljoen, 2014, the law is not ______ in stone.
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The ______ Act of 1957 is a prescribed reading for the study unit.
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The South African legal system is a hybrid of ______ dutch common law and indigenous customary law.
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The provisions of the Interpretation Act shall apply to the interpretation of every ______ in force.
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According to Section 2, '______' means any law, proclamation, ordinance, act of parliament or other enactment having the force of law.
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There are two main categories of legislation: ______ and Hierarchical.
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The differences between all types of legislation matter because it can determine when a legislation ______ and demises.
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The doctrine of abrogation was mentioned in the case of ______ 2009 (1) SACR 276 (SCA).
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Old-order legislation is defined in item 2, Schedule 6 of the ______.
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Pre-union legislation includes legislation from ______ colonies and Boer republics.
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Study Notes
Legislation as a Source of Law
- Legislation refers to enacted law-text, meaning adopted, issued, or promulgated laws that have the force of law, which can include acts, statutes, by-laws, regulations, ordinances, proclamations, rules, notices, and directives.
- The structure of legislation depends on the jurisdiction or country and its hierarchy of laws.
Interpretation of Legislation
- The Interpretation Act of 1957 applies to the interpretation of every law in force in the Republic of South Africa.
- The Act defines "law" as any law, proclamation, ordinance, act of parliament, or other enactment having the force of law.
Categories of Legislation
- There are two main categories of legislation: chronological (time/history) and hierarchical (legal order/chain of command).
- Chronological categories include:
- Pre-1806 (Roman Dutch/Staten-General/placaaten)
- Pre-Union legislation (1806-1910)
- Time between the Union and Democracy (1910-1994)
- Post-1994 (new constitutional order)
- Hierarchical categories include:
- National and provincial legislation
- Proclamations, regulations, and instruments of subordinate legislation
- Assigned legislation
- Legislation enacted pre-1994 (before the interim Constitution)
- Legislation enacted under the new constitutional order (post-1994)
- Municipal by-laws
Importance of Legislation
- The differences between types of legislation matter because they can determine when a legislation commences and demises.
- They also affect other parts of law, such as administrative law, human rights, and constitutional law.
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Description
This quiz covers the concepts of legislation, its hierarchy, and importance in legal interpretation, based on Chapter 2 of Botha.
