RVW 210 Tutorial 2: Legislative Process Adoption & Promulgation

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.

The enacting clause indicates who promulgates the legislation.

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'.

<p>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.</p> Signup and view all the answers

<p>One reason is that it would be unfair to punish someone for an act that was not illegal when it was committed.</p> Signup and view all the answers

<p>Relevant functionaries can make appointments and subordinate legislation if the appointments or subordinate legislation cannot be effective before the Act is in force.</p> Signup and view all the answers

<ol> <li>Ensures predictability and legality 2. Prevents unfair and unreasonable results</li> </ol> Signup and view all the answers

<p>Retroactive ('strong') legislation operates backwards in time, while retrospective ('weak') legislation only looks backwards in time.</p> Signup and view all the answers

<p>A legal fiction is a device that attaches new consequences to a past event. A deeming clause is a type of legal fiction.</p> Signup and view all the answers

<ol> <li>Common law presumption 2. Expressed or implied in the legislation 3. Absurd/unfair results 4. Vested rights not affected 5. Grants a benefit</li> </ol> Signup and view all the answers

<ol> <li>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</li> </ol> Signup and view all the answers

<p>The principle from S v Ndiki is that whether retrospective legislation is permissible depends on the facts and rights involved in each case.</p> Signup and view all the answers