Legislative vs. Executive Authority Quiz
18 Questions
0 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is the main argument made in the text regarding the binding power of complementary or explanatory rules?

  • The binding power of complementary or explanatory rules is limited to the time of conclusion of a contract.
  • Complementary or explanatory rules have the same binding status as mandatory rules after the conclusion of a contract. (correct)
  • Complementary or explanatory rules can be disregarded at will by the parties at the time of conclusion of a contract.
  • The binding power of complementary or explanatory rules is thwarted by the excuse of ignorance of these rules.
  • What is the key difference between the status of complementary or explanatory rules at the time of conclusion of a contract and after the conclusion of a contract?

  • At the time of conclusion, these rules can be ignored by introducing substitute contractual terms, but after conclusion, they become binding. (correct)
  • At the time of conclusion, these rules are binding, but after conclusion, they become optional.
  • At the time of conclusion, these rules are mandatory, but after conclusion, they become complementary or explanatory.
  • There is no difference in the status of these rules at the time of conclusion and after conclusion of a contract.
  • What is the main reason given in the text for why the binding power of complementary or explanatory rules should not be thwarted by the excuse of ignorance?

  • The hypothesis is that the contract is defective and hence it cannot be complete except by virtue of these complementary rules. (correct)
  • These rules have the same binding status as mandatory rules after the conclusion of a contract.
  • The legislation has left the fate of these rules in the hands of the parties at the time of conclusion of a contract, allowing them to disregard them at will.
  • The advocates of restricting the application of this principle have confused the status of these rules at the time of conclusion and after conclusion of a contract.
  • What is the main argument made by the advocates of restricting the application of the principle to mandatory rules and not to complementary (explanatory) rules?

    <p>The binding power of complementary rules should be restricted because they have a different status at the time of conclusion and after conclusion of a contract.</p> Signup and view all the answers

    What is the key distinction made in the text between the status of mandatory rules and complementary (explanatory) rules?

    <p>Mandatory rules are binding at all times, while complementary rules can be disregarded at the time of conclusion of a contract.</p> Signup and view all the answers

    What is the main purpose of the text?

    <p>To address a common misconception regarding the binding power of complementary or explanatory rules.</p> Signup and view all the answers

    What are the two types of legal rules mentioned in the text?

    <p>Mandatory and complementary (explanatory)</p> Signup and view all the answers

    According to some scholars, to which type of legal rules should the principle of ignorance of the law not being an excuse apply?

    <p>Mandatory rules only</p> Signup and view all the answers

    What is the first ground mentioned for believing that the principle of ignorance of the law should apply to both mandatory and complementary (explanatory) rules?

    <p>Both types of rules are binding, and their content is equally binding.</p> Signup and view all the answers

    What is the second ground mentioned for believing that the principle of ignorance of the law should apply to both mandatory and complementary (explanatory) rules?

    <p>Accepting the excuse of ignorance for complementary rules would greatly restrict their scope of application.</p> Signup and view all the answers

    What is the opinion of the scholars who believe that the principle of ignorance of the law should apply to both mandatory and complementary (explanatory) rules?

    <p>The differentiation between the rules is unjustifiable.</p> Signup and view all the answers

    Which of the following is NOT a reason mentioned in the text for believing that the principle of ignorance of the law should apply to both mandatory and complementary (explanatory) rules?

    <p>Both types of rules are equally important for public order.</p> Signup and view all the answers

    What is the primary reason for delegating the authority to draw up detailed legislations to the executive authority?

    <p>To ensure speedy and easy execution of the law</p> Signup and view all the answers

    What is the disadvantage of referring every implementation issue back to the legislative authority?

    <p>It disrupts administrative and executive activity</p> Signup and view all the answers

    Which statement best describes the issue addressed in the text?

    <p>The difficulty of drafting legislation that covers all possible scenarios</p> Signup and view all the answers

    What is the potential consequence of the delay caused by referring implementation issues back to the legislative authority?

    <p>It may result in the negation of the purpose of the principal legislation</p> Signup and view all the answers

    Which method places an additional burden on the legislative authority?

    <p>Referring implementation issues back to the legislative authority</p> Signup and view all the answers

    What is the primary advantage of delegating authority to the executive branch, as mentioned in the text?

    <p>It reduces the workload of the legislative branch and allows for faster implementation</p> Signup and view all the answers

    More Like This

    Legislative Authority in South Africa
    15 questions
    Understanding Presidential Powers
    12 questions
    Political Structure and State Institutions
    40 questions
    Use Quizgecko on...
    Browser
    Browser