AMENDING AND REPEALING LEGISLATION Flashcards
1
Q
WHAT IS REPEALING LEGISLATION
A
- this is when existing legislation is done away with
2
Q
What is to amend legislation
A
- this means existing legislation is changed and not done away with
3
Q
Two types of amending legislation
A
1) Non-textual (indirect amendment)
2) Textual (direct amendment)
4
Q
Textual amendment
A
- this is when the actual wording of principal legislation is changed through additions, changes to the wording of legislation
5
Q
Non-Textual amendment
A
- no direct changes to the actual wording of the principal legislation
6
Q
What is the general laws amendment act?
A
- this is when several pieces of legislation are amended at the same time
- some specific piece of legislation is amended by a specific piece of amending legislation
- some legislation are amended continuously
7
Q
Which secondary law making functions do courts have?
A
- to develop the common law
- interpret legislation
- modify the initial meaning of a legislative provision
- test legislation against the standards of the constitution
8
Q
What is to repeal legislation
A
- it is a process where legislation is removed from the statute book
9
Q
What is to invalidate legislation
A
-it is when legislation is declared to be legally unacceptable
10
Q
LEGISLATION MAY BE DECLARED UNCONSTITUTIONAL IF:
A
- It violates a fundamental right in the Bill of Rights or
- is in conflict with another constitutional requirement
