Podcast
Questions and Answers
What is the primary source of written law in South Africa?
What is the primary source of written law in South Africa?
- Precedents
- Common law
- Legislation (correct)
- Customary law
Which legislation is considered abrogated by disuse in South Africa?
Which legislation is considered abrogated by disuse in South Africa?
- Legislation since 1994
- Provincial Ordinances
- Old-order legislation (1806-1994)
- Legislation before 1806 (e.g. Placaats) (correct)
How can old-order legislation (1806-1994) be repealed or amended?
How can old-order legislation (1806-1994) be repealed or amended?
- By the President of South Africa
- By the Constitutional Court
- Both a) and c) (correct)
- By a competent court declaring it unconstitutional and invalid
What determines the territorial application of old-order legislation in South Africa?
What determines the territorial application of old-order legislation in South Africa?
What is the highest source of law in the hierarchical structure of South African law?
What is the highest source of law in the hierarchical structure of South African law?
What is the defining characteristic of original/primary legislation in South Africa?
What is the defining characteristic of original/primary legislation in South Africa?
What is the relationship between primary and subordinate legislation?
What is the relationship between primary and subordinate legislation?
Which of the following statements about the repeal or amendment of subordinate legislation is correct?
Which of the following statements about the repeal or amendment of subordinate legislation is correct?
What is the legal principle that limits the authority of subordinate legislators?
What is the legal principle that limits the authority of subordinate legislators?
Which level of government is responsible for enacting municipal by-laws?
Which level of government is responsible for enacting municipal by-laws?
What is the relationship between primary and subordinate legislation in terms of conflict?
What is the relationship between primary and subordinate legislation in terms of conflict?
What happens to subordinate legislation if the enabling Act is declared unconstitutional?
What happens to subordinate legislation if the enabling Act is declared unconstitutional?
What is the key difference between legal and statutory interpretation?
What is the key difference between legal and statutory interpretation?
What is the main purpose of using 'legalese' in legal documents?
What is the main purpose of using 'legalese' in legal documents?
Which of the following is not considered a primary source of law?
Which of the following is not considered a primary source of law?
What is the key principle regarding the power to amend or repeal an Act of Parliament?
What is the key principle regarding the power to amend or repeal an Act of Parliament?
What is the main difference between a 'decision' and a 'judgment' in the context of case law?
What is the main difference between a 'decision' and a 'judgment' in the context of case law?
What is the hierarchy of legislation in the South African legal system?
What is the hierarchy of legislation in the South African legal system?
What is the primary purpose of the 'stare decisis' doctrine in common law systems?
What is the primary purpose of the 'stare decisis' doctrine in common law systems?
Which of the following is NOT considered legislation in South Africa?
Which of the following is NOT considered legislation in South Africa?
What is the key characteristic of law of general application in South Africa?
What is the key characteristic of law of general application in South Africa?
What is the main difference between 'ratio decidendi' and 'obiter dictum' in the context of case law?
What is the main difference between 'ratio decidendi' and 'obiter dictum' in the context of case law?
What is the key difference between Parliament and a subordinate legislator in terms of legislative powers?
What is the key difference between Parliament and a subordinate legislator in terms of legislative powers?
Which of the following is an example of a type of legislation that is not considered law of general application?
Which of the following is an example of a type of legislation that is not considered law of general application?