24 Questions
Which level of government is responsible for enacting provincial acts?
Provincial legislatures (provincial)
What is the key defining feature of subordinate legislation?
It is enacted by a person or body under the authority granted by primary legislation.
Which of the following is a true statement about the relationship between primary and subordinate legislation?
Subordinate legislation cannot be in conflict with its enabling original legislation.
What is the consequence if the enabling Act for subordinate legislation is declared unconstitutional?
The subordinate legislation will cease to exist, unless the court orders otherwise.
What is the rule regarding the repeal or amendment of legislation?
Only the fit and proper legislature can repeal or amend its own legislation.
What is the relationship between the repeal of an enabling Act and the fate of the subordinate legislation?
If the enabling Act is repealed, the subordinate legislation will cease to exist, unless the new Act expressly provides otherwise.
What is the primary source of legislation according to the text?
Constitution
Which type of legislation was common law and therefore abrogated by disuse?
Placaats
What must happen for legislation to be repealed?
It must be declared unconstitutional by a competent court
During which era did legislation exist between the union and democratic era?
1910-1994
Where does old-order legislation still apply geographically according to the text?
In the same geographical areas as before the Constitution
What is the highest level in the hierarchical order of legislation?
Constitution
What is the primary distinction between a process and a procedure?
A process is a series of actions or steps, while a procedure is a specific method for carrying out a process.
What is the difference between existing law and vested rights?
Existing law is a broader concept that encompasses vested rights, but vested rights are specific legal entitlements.
What is the primary distinction between an act and an act in legal terminology?
There is no meaningful distinction between an act and an act in legal terminology.
What is the primary distinction between constitutionality and the rule of law?
Constitutionality refers to the adherence to the principles of a nation's constitution, while the rule of law is a broader concept that encompasses the supremacy of law over individual power.
What is the primary distinction between legitimacy and legality?
Legitimacy refers to the acceptance and validity of a law or action by the people, while legality refers to the adherence to written laws and regulations.
What is the primary distinction between codified and uncodified law?
Codified law refers to written laws that have been systematically organized and compiled, while uncodified law refers to laws that exist but have not been officially compiled.
According to the principle established in the case of Executive Council Western Cape Legislature v President of the RSA, which of the following statements is true?
Parliament cannot delegate its power to amend or repeal an Act of Parliament to a subordinate legislator.
Which of the following is the correct hierarchy of sources of law in South Africa?
Constitution, Primary legislature, Primary legislation, Subordinate legislature, Subordinate legislation
Which of the following is NOT considered legislation according to the information provided?
All of the above are not considered legislation.
What is the reason given for why common law, case law, practice and interpretation notes, explanatory memoranda, policy documents, departmental memoranda, uncodified indigenous law, legal opinions, circulars, and resolutions of Parliament are NOT considered legislation?
They are not enacted by authorized lawmakers.
According to the information provided, which of the following statements is correct regarding Parliament's power over subordinate legislation?
Parliament can repeal or amend subordinate legislation only by repealing the empowering Act.
What does the term 'law of general application' refer to according to the information provided?
It refers to all forms of legislation (original and delegated), as well as the common law and customary law.
Study Notes
Legislation
- Legislation is written law enacted by a person or body with the authority to do so by the Constitution or legislation.
Characteristics of Legislation
- Legislation remains in force until repealed or amended by a competent lawmaker or invalidated by a competent court.
Types of Legislation
- Chronological legislation:
- Before 1806 (e.g. Placaats) = common law and therefore abrogated by disuse
- Old-order legislation (1806-1994) = repealed/amended by legislature or declared unconstitutional and invalid by court
- Legislation since 1994
- Geographical:
- Old-order legislation was originally enacted and envisaged for a map that is different from what South Africa looks like now
- Provincial Ordinances and legislation of the former TBVC states are still applicable to the old geographical areas of the former provinces and homelands until repealed/amended by legislature or declared unconstitutional by a competent court
- Hierarchical:
- Constitution (lex fundamentalis)
- Original/primary legislation:
- Enacted by a democratically elected body during a plenary session, in accordance with an authority/legislative power derived directly or indirectly from the Constitution
- Examples: Acts of Parliament, Provincial Acts, municipal by-laws (excluding pre-1994)
- Subordinate/delegated legislation:
- Enacted by a person or body under the authority of a power granted by primary legislation
- Examples: provincial proclamations, ministerial regulations, university statutes
Principles of Subordinate Legislation
- Subordinate legislation cannot be in conflict with its enabling original legislation
- Subordinate legislators can only issue subordinate legislation within the framework of the authority specifically bestowed on them by the enabling legislation
- If the enabling Act is declared unconstitutional, delegated legislation will cease to exist, unless the court orders otherwise
- If the enabling Act is repealed, delegated legislation will cease to exist, unless the new Act expressly provides otherwise
- Only the fit and proper legislature can repeal or amend its own legislation
- Parliament cannot delegate the power to amend or repeal an Act of Parliament to a subordinate legislator
- Parliament cannot repeal or amend subordinate legislation, but they can repeal the empowering Act
This quiz covers various legal terminology and concepts including process and procedure, existing law, acts vs legislation, constitutionality, legitimacy vs legality, types of law, and judicial supremacy. Test your understanding of key legal terms and principles in this tutorial.
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