PBL CH 7

Question 1

The 3 Main Sources

Answer 1

1) Legislation
2) Common Law and Customary Law
3) Case Law

Question 2

Section 239: National definitions

Answer 2

1) Subordinate legislation in terms of Acts of Parliament
2) Legislation in force when the Constitution took effect and that is administered by the national government.

Question 2

Section 239: Provincial definitions

Answer 2

1) Subordinate legislation in terms of a Provincial Act
2) Legislation in force when the Constitution took
effect and that is administered by the provincial government.

Question 2

Adopted by special procedures

Answer 2

1) Constitutional Assembly
2) Ratification
3) Parliamentary adoption
4) Combination of above methods

Question 3

Adoption:
Two phases or steps

Answer 3

1)Commencement consisted of 3 rules
1.1) The Constitution applies to all law that was in force when it took effect.
1.2) The Constitution does not apply to actions taken before it took effect.
1.3) Any cases being dealt with when the Constitution took effect, must be dealt with as if the Constitution had not yet taken effect.