RVW 210 Tutorial 1 Terminology

Acts of Parliament are national legislation, Provincial Acts are provincial legislation, and municipal by-laws are local legislation.

Subordinate/delegated legislation is law enacted by a person or body under the authority of a power granted by primary legislation, also known as the 'enabling' legislation.

Subordinate legislation cannot be in conflict with its enabling original legislation.

<p>If the enabling Act is declared unconstitutional, the delegated legislation will cease to exist, unless the court orders otherwise.</p> Signup and view all the answers

<p>If the enabling Act is repealed, the delegated legislation will cease to exist, unless the new Act expressly provides otherwise.</p> Signup and view all the answers

<p>The rule is that only the fit and proper legislature can repeal or amend its own legislation.</p> Signup and view all the answers

<p>Legal interpretation refers to the rules and principles used to construct the correct meaning of legislative provisions, while statutory interpretation is specifically the interpretation of written statutes enacted by legislative bodies.</p> Signup and view all the answers

<p>The purpose of using legalese is to convey legal concepts and requirements precisely and unambiguously, though it can reduce accessibility and access to justice for non-lawyers.</p> Signup and view all the answers

<p>The five primary sources of law are: 1) Constitution, 2) Legislation, 3) Common law and customary law, 4) Case law, and 5) Write.</p> Signup and view all the answers

<p>A decision refers to the overall outcome of a case, while a judgment is the written explanation provided by the court for its decision.</p> Signup and view all the answers

<p>Binding authority refers to case law that a court must follow, while persuasive authority refers to case law that a court may choose to consider but is not obligated to follow.</p> Signup and view all the answers

<p>The ratio decidendi is the core legal reasoning and principle that forms the basis of the court's decision, while obiter dicta are supplementary comments or observations made by the court that are not essential to the final ruling.</p> Signup and view all the answers

<p>Parliament cannot delegate the power to amend or repeal an Act of Parliament to a subordinate legislator.</p> Signup and view all the answers

<p>Parliament cannot repeal or amend subordinate legislation, but they can repeal the empowering Act.</p> Signup and view all the answers

<p>Legislation includes all forms of legislation (original and delegated), as well as the common law and customary law, as they are enacted by authorized lawmakers.</p> Signup and view all the answers

<p>Primary legislation is enacted by the primary legislature (Parliament), while subordinate legislation is enacted by a subordinate legislator.</p> Signup and view all the answers

<p>They are not enacted by authorized lawmakers.</p> Signup and view all the answers

<p>The law of general application includes all forms of legislation (original and delegated), as well as the common law and customary law.</p> Signup and view all the answers

<p>Legislation = written law exacted by a person or body with the authority to do so by the Constitution or legislation.</p> Signup and view all the answers

<p>Legislation will remain in force until repealed or amended by a competent lawmaker (legislature) or invalidated by a competent court.</p> Signup and view all the answers

<p>Legislation before 1806 (e.g. Placaats) = common law and therefore abrogated by disuse.</p> Signup and view all the answers

<p>Old-order legislation (1806-1994) = repealed/amended by legislature or declared unconstitutional and invalid by court.</p> Signup and view all the answers

<p>The Constitution holds that old-order legislation does not have a wider territorial application than it had before the Constitution.</p> Signup and view all the answers

<ol> <li>Constitution (lex fundamentalis), 2. 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.</li> </ol> Signup and view all the answers