12 Questions
What are the two main purposes of the principle of non-retroactivity in law?
- Ensures predictability and legality
- Prevents unfair and unreasonable results
What is the difference between 'retroactive' and 'retrospective' in the context of legislation?
Retroactive (or 'strong') legislation operates backwards in time, while retrospective (or 'weak') legislation only looks backwards in time.
What is a 'legal fiction' and a 'deeming clause' in the context of retroactive legislation?
A legal fiction and a deeming clause are mechanisms that can be used in retroactive legislation to potentially attach new consequences to a past event.
What are the main obstacles to retroactive legislation according to the text?
The main obstacles to retroactive legislation are: the common law presumption against retroactivity, the need for express or necessary implication in the legislation, and the need to avoid absurd or unfair results and not affect vested rights.
What are the two main exceptions to the presumption against retroactivity discussed in the text?
The two main exceptions are: 1) If the legislation deals with procedure and does not affect substantive rights and obligations, and 2) If the legislation provides benefits to the individual and does not take away any of their vested rights.
How did the Constitutional Court in the S v Ndiki case determine whether retroactive legislation was permissible?
The S v Ndiki case determined that whether retroactive legislation is permissible depends on the specific facts and rights involved in each case.
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, while promulgation is the act of putting legislation officially and legally into operation through publication.
What is the significance of the enacting clause in the promulgation of legislation?
The enacting clause specifies who has the authority to promulgate the legislation.
Explain the 'endless circle of invalidity' problem discussed in relation to Section 14 of the Interpretation Act.
The enabling Act does not have the force of law until the President promulgates it, but the President does not have the authority to promulgate the Act until it is in force, creating an 'endless circle of invalidity'.
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 these cannot be effective before the Act is in force.
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 has been promulgated and commenced, and not before it commenced.
What are the reasons given for the common law presumption that legislation only applies to the future?
No specific reasons are provided in the text.
This tutorial covers the adoption and promulgation stages of the legislative process, including the constitutionally prescribed processes and procedures required for a draft legislation to become law. It also explains how promulgation puts legislation officially into operation through publication.
Make Your Own Quizzes and Flashcards
Convert your notes into interactive study material.
Get started for free
