RVW 210 Tutorial 2: Legislative Process

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' in the context of retrospective legislation?

A legal fiction and a deeming clause can be used to attach new consequences to a past event through retrospective legislation.

What are the five main obstacles to retrospective legislation identified in the text?

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

What are the two exceptions to the presumption against retrospective legislation?

<ol> <li>Legislation that deals with procedure, where substantive rights are not affected, 2. Legislation that confers a benefit on the individual, where no vested rights are taken away.</li> </ol> Signup and view all the answers

How does the Constitution affect the application of retrospective legislation?

The application of retrospective legislation depends on the facts and rights involved in each case, as per the Constitution. Signup and view all the answers

What principle does R v Detody case establish regarding legislation?

Legislation cannot be abrogated by disuse, it must be repealed by a competent legislature or declared invalid by a competent court. Signup and view all the answers

Explain the concept of non-textual amendment.

Non-textual amendment refers to when the wording of the actual legislative provision is not directly changed, but the provision is amended by reference. Signup and view all the answers

What does the common law principle of implied powers entail?

It assumes that if the delegated lawmaker has the power to enact subordinate legislation, it includes the power to amend or repeal the subordinate legislation. Signup and view all the answers

What is meant by modificative interpretation by the courts?

Modificative interpretation by the courts refers to the secondary, law-making function where courts develop common law and give meaning to legislative provisions. Signup and view all the answers

How can the court exercise judicial discretion in constitutional review?

The court can try to modify or adapt the legislation through corrective techniques to keep it constitutional and valid. Signup and view all the answers

What is the difference between textual and non-textual amendment of legislation?

Textual amendment changes the actual wording of the legislation, while non-textual amendment modifies the provision by reference. Signup and view all the answers

What happens if a court decides that Act Y prevails over Act X?

Act X will become inoperative or suspended for as long as there is a conflict or "legislative standoff" between the two Acts until the relevant legislature deals with the conflict. Signup and view all the answers

What is the legal principle of cessante ratione legis, cessat et ipsa lex?

If the reason for a law ceases, the law itself ceases. Signup and view all the answers

What is the presumption regarding how legislation should be interpreted?

There is a presumption that legislation does not intend to change the existing law more than is necessary, and it should be construed to be in conformity with the common law and not against it. Signup and view all the answers

What is the principle of generalia specialibus non derogant?

General things do not derogate from specific things. Signup and view all the answers

If two acts conflict, how should they be interpreted?

If two acts conflict, the earlier and later legislation must be read together in order to reconcile them. If it is impossible to reconcile them, the later of the two provisions will prevail and the earlier one is impliedly repealed by the later one. Signup and view all the answers

What is the presumption regarding whether the legislature intended to repeal or amend an earlier act?

There is a presumption that the legislature did not intend to repeal or amend the earlier Act. Signup and view all the answers

What does 'legislation meaning' refer to?

Legislation meaning refers to the courts modifying the initial meaning of legislative text in exceptional circumstances to reflect the purpose and object of the legislation. Signup and view all the answers

What happens when an amending law is not in force yet when other legislation is repealed?

If the amending law is not in force when other legislation is repealed, there is no law regulating that specific issue unless there is an express provision for transitional measures or Section 11 of the Interpretation Act applies. Signup and view all the answers

What does Section 12(1) of the Interpretation Act state?

Section 12(1) states that if a provision X is repealed and later re-enacted as Y, all references to X in other existing legislation must be interpreted as being references to Y. Signup and view all the answers

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. Signup and view all the answers

What is the purpose of Section 12(2)(b)-(e) of the Interpretation Act?

Section 12(2)(b)-(e) allows any rights, obligations, liabilities, penalties, punishments, investigations, or legal proceedings from before the repeal of legislation X to be imposed as if legislation X had not been repealed. Signup and view all the answers

What is the enacting clause, and what does it indicate?

The enacting clause indicates who promulgates the legislation. Signup and view all the answers

What is required for an implied repeal to occur?

For an implied repeal to occur, two different enactments that deal with the same thing must clash, and they must be on the same hierarchical and generality levels. Signup and view all the answers

What is the presumption regarding the application of legislation in relation to time?

There is a common law presumption that legislation only applies to the future, not the past, after it is promulgated and commences. Signup and view all the answers

What does Section 149 of the Constitution allow?

Section 149 of the Constitution allows legislation to be temporarily suspended, meaning it remains in force but its operation is paused until a certain condition or requirement is met. Signup and view all the answers

What is one of the reasons given for the rule that legislation only applies to the future?

One of the reasons given is that it would be unfair to punish someone for an act that was not illegal when it was committed. Signup and view all the answers

According to the Cats Entertainment case, what can relevant functionaries do before an Act is in force?

According to the Cats Entertainment case, relevant functionaries can make appointments and subordinate legislation if they cannot be effective before the Act is in force. Signup and view all the answers

RVW 210 Tutorial 2: Legislative Process - Adoption & Promulgation

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