RVW 210 Tutorial 2: Legislative Process Adoption & Promulgation

1. Ensures predictability and legality
2. Prevents unfair and unreasonable results

Retroactive (or 'strong') legislation operates backwards in time, while retrospective (or 'weak') legislation only looks backwards in time.

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.

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

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

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

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

<p>The enacting clause specifies who has the authority to promulgate the legislation.</p> Signup and view all the answers

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

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

<p>The common law presumption is that legislation only applies to the future, after it has been promulgated and commenced, and not before it commenced.</p> Signup and view all the answers

<p>No specific reasons are provided in the text.</p> Signup and view all the answers