12 Questions
What is the difference between adoption and promulgation in the legislative process?
Adoption refers to the constitutionally prescribed processes and procedures required for draft legislation to become law. Promulgation refers to putting legislation officially and legally into operation through publication.
What is the purpose of the enacting clause in legislation?
The enacting clause indicates who promulgates the legislation.
Explain the issue addressed in the case Section 14 of the Interpretation Act.
The enabling Act does not have the force of law yet because the President needs to promulgate it, but without the enabling Act being in force, the President does not have the authority to promulgate the Act, creating an 'endless circle of invalidity'.
What is the common law presumption regarding the application of legislation?
The common law presumption is that legislation only applies to the future, after it is promulgated and once it commences, and not before it commenced.
What is one of the reasons given for the presumption that legislation only applies to the future?
One reason is that it would be unfair to punish someone for an act that was not illegal when it was committed.
According to the Cats Entertainment case, what can relevant functionaries do before an Act is in force?
Relevant functionaries can make appointments and subordinate legislation if the appointments or subordinate legislation cannot be effective before the Act is in force.
What are the two main purposes of the rule against retrospective legislation?
- Ensures predictability and legality 2. Prevents unfair and unreasonable results
What is the difference between 'retroactive' and 'retrospective' legislation?
Retroactive ('strong') legislation operates backwards in time, while retrospective ('weak') legislation only looks backwards in time.
What is a 'legal fiction' and a 'deeming clause'?
A legal fiction is a device that attaches new consequences to a past event. A deeming clause is a type of legal fiction.
What are the five obstacles to retrospective legislation mentioned in the text?
- Common law presumption 2. Expressed or implied in the legislation 3. Absurd/unfair results 4. Vested rights not affected 5. Grants a benefit
What are the two exceptions to the presumption against retrospective legislation mentioned in the text?
- Procedure - if the legislation deals with procedure and does not affect substantive rights and obligations 2. Benefits - if the individual receives a benefit and none of their vested rights are taken away
What is the key principle from the S v Ndiki case regarding retrospective legislation?
The principle from S v Ndiki is that whether retrospective legislation is permissible depends on the facts and rights involved in each case.
Learn about the legislative process of adoption and promulgation, including the constitutionally prescribed processes for draft legislation to become law and putting legislation into operation through publication. Explore key terms like adoption, promulgation, enacting clause, and more.
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