Parliamentary Decision Making Process Quiz
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Questions and Answers

What is the false presumption regarding the legislative process?

The false presumption is that there was a definitive agreement after the process.

Why might some parliamentarians vote for legislation despite personal reservations?

Some parliamentarians may vote for legislation due to party loyalty, despite personal reservations.

Who are the parliamentarians in terms of legal expertise?

Parliamentarians are not legal experts; they are elected officials.

Who usually drafts the legislation that the parliamentarians vote on?

<p>The legislation is usually drafted by legal drafters on the advice of bureaucrats from a government department.</p> Signup and view all the answers

What is the intention of the legislature according to the text?

<p>The intention of the legislature refers to the fictional collective intent of the majority of the legislative body present at the time of the vote.</p> Signup and view all the answers

Why is the term used to describe the intention of the legislature ultimately irrelevant?

<p>The term used is ultimately irrelevant because the focus should be on how that purpose is ascertained and construed.</p> Signup and view all the answers

What are the key factors in determining the intention of the legislature?

<p>The key factors are the will of the majority, voting guidelines, and approval by state law advisors.</p> Signup and view all the answers

What is the main purpose of revisiting the principles of plain language drafting?

<p>The main purpose is to emphasize the need for effective and clear communication, especially in the digital age and with globalization.</p> Signup and view all the answers

What are some key principles of plain language drafting mentioned in the passage?

<p>Key principles include: using a user-friendly and attractive structure, avoiding overly technical language, keeping sentences short, using clear and simple language, and emphasizing clarity, recognizability, intelligibility, accessibility, accuracy, and unambiguity.</p> Signup and view all the answers

How have developments in plain language drafting progressed in different countries?

<p>The passage mentions that Australia began initiatives in the 1970s and established a Centre for Plain Legal Language in the 1990s, which made huge contributions. In the UK, plain language drafting deteriorated since Anglo-Saxon times but saw modern developments in the 1960s, replacing verbose legal documents with more plain language. The US also saw initiatives in plain language drafting in the 1970s.</p> Signup and view all the answers

What is the main accusation against lawyers and drafters of legal documents?

<p>The main accusation is that they draft documents that are ambiguous and difficult to understand, and they do this on purpose to create loopholes that they can exploit if needed.</p> Signup and view all the answers

What is the purpose of the disclaimer in the passage?

<p>The purpose of the disclaimer is to state that the notes are free, made for the author's own preparation, and may contain spelling mistakes or errors, as they were not made to be perfect.</p> Signup and view all the answers

What is the significance of the title 'Principles of Plain Language Drafting: Brief Overview'?

<p>The title signifies that the passage provides a brief overview of the key principles and importance of plain language drafting, which is a crucial skill for effective communication, especially in the legal field.</p> Signup and view all the answers

What is the overall message or takeaway from the passage?

<p>The overall message is that clear and effective communication, achieved through the principles of plain language drafting, is essential in the modern era, especially in the legal field where ambiguous and difficult-to-understand documents have been a longstanding issue.</p> Signup and view all the answers

What was the Document Design Project in 1978?

<p>The Document Design Project was a government initiative in 1978 to improve the design and readability of government documents.</p> Signup and view all the answers

What were Bill Clinton's directives regarding the use of plain language in the Federal Administration?

<p>Bill Clinton directed the Federal Administration to use plain language in their documents.</p> Signup and view all the answers

What is the relationship between the Constitution of 1996 in South Africa and plain language drafting?

<p>The Constitution of 1996 in South Africa was drafted in plain language, but there is no South African law that requires plain language drafting.</p> Signup and view all the answers

How does the passage characterize the legislation in South Africa before and after the Union of South Africa?

<p>The passage states that most law before 1910 has been incorporated into Union Law or the Republic's law, while legislation between the Union of South Africa and the new Democratic Era (1910 - 1994) is now considered 'old order legislation'.</p> Signup and view all the answers

What types of 'old order legislation' are mentioned in the passage?

<p>The passage mentions that 'old order legislation' includes Acts of Parliament and legislation of the four former 'independent homelands'.</p> Signup and view all the answers

What is the purpose of the disclaimer in the passage?

<p>The disclaimer states that the notes are free, made for the author's own preparation, and may contain spelling mistakes or errors, as they were not made to be perfect.</p> Signup and view all the answers

What is the overall focus of the passage?

<p>The passage provides an overview of document design initiatives, plain language policies, and the legislative history in South Africa.</p> Signup and view all the answers

What is the difference between the text-based and text-in-context approach in legal interpretation?

<p>Text-based approach focuses on the literal meaning of the law, while text-in-context approach considers the spirit, purport, and objects of the Bill of Rights.</p> Signup and view all the answers

What are some of the founding values and basic constitutional features highlighted in the text?

<p>Human dignity, equality, and freedom.</p> Signup and view all the answers

How has the Constitution impacted legal thought and decision-making in South Africa?

<p>The Constitution has changed the context of all legal thought and decision-making in South Africa.</p> Signup and view all the answers

What does the Le Roux article overview discuss?

<p>The Le Roux article discusses how statutory interpretation can be used to undo the past, particularly in the context of apartheid laws.</p> Signup and view all the answers

What approach has the Constitutional Court been criticized for in the interpretation of apartheid marriage laws?

<p>The court has been criticized for adopting a narrow, text-based approach instead of a purposive approach.</p> Signup and view all the answers

What are some of the initiatives aimed at enhancing legislative drafting in South Africa?

<p>Postgraduate certificate courses in legislative drafting and the Legislative Drafting Programme for South Africa.</p> Signup and view all the answers

Which values must a text-in-context approach promote in legal interpretation?

<p>A text-in-context approach must promote the spirit, purport, and objects of the Bill of Rights.</p> Signup and view all the answers

What is the function of a deeming clause?

<p>To create a legal fiction and presumption.</p> Signup and view all the answers

How many tests or barriers must be overcome for retro-effect to take place?

<p>Three tests or barriers.</p> Signup and view all the answers

What is the true issue when it comes to retro-effect and necessary implication?

<p>The clarity of legislative intention.</p> Signup and view all the answers

What can trump common law when it comes to retro-effect?

<p>The legislature, either expressly or by necessary implication.</p> Signup and view all the answers

What are the guidelines that may help determine if the presumption is rebutted by necessary implication?

<p>Guidelines related to legislative clarity.</p> Signup and view all the answers

What is the purpose of the disclaimer provided in the text?

<p>To acknowledge potential errors and spelling mistakes in the notes.</p> Signup and view all the answers

Why is it important to understand the concept of necessary implication in legislation?

<p>To clarify legislative intent.</p> Signup and view all the answers

What does the text suggest about the role of deeming clauses in creating a legal framework?

<p>They establish a virtual reality that impacts legal interpretation.</p> Signup and view all the answers

How does the text characterize the relationship between common law and legislative intent in retro-effect cases?

<p>As a potential conflict resolved by legislative clarity.</p> Signup and view all the answers

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