The term 'Legislation' CH2 Flashcards
Legislation
Is written law enacted by a body or
person authorised to do so by the Constitution or other
legislation
The 3-fold approach to understanding different legislation
1)Dimensions of time (horizontal chronological timeline)
2) Space (geographical territories)
3) Hierarchy (vertical levels and spheres of legislative authority)
Dimensions of time (horizontal chronological timeline)
Old order and Post 1994 Legislation
Space (geographical territories)
National, Provincial and Local
Hierarchy (vertical levels and spheres of legislative authority)
Instruments of subordinate legislation
Du Plessis (legislation)
enacted law-texts
Define ‘Enacted’?
Means it was adopted/issued/promulgated in
terms of the prescribed legal requirements
Chronological categories of legislature
1) Legislation before 1806
2) Old order legislation
3) Legislation in the new constitutional order since 1994
Legislation before 1806
1) Some statutes of the Staten-Generaal of the Netherlands and
placaaten (statutes) of Holland may still be in force.
2) Became part of South
African common law with no formal procedures required for
their demise, and they may be abrogated by disuse
Old order legislation
Any legislation in force before the
interim Constitution took effect (just after midnight) on 27 April 1994. 2 Categories
Old order legislation(1)
Pre-Union legislation (1806 -1910) à Adopted between
the British annexation if the Cape in 1806 and the creation
of the Union of South Africa in 1910. Most have been
either repealed or incorporated into legislation of the
Union.
Old order legislation
Legislation between the Union and the Democratic era
(1910 – 1994) à Known as ‘old order’ legislation, it
includes most of the existing South African legislation as
defined by the IA but with appreciation for historical
context in terms of areas that were ‘white controlled’ and
the TBVC states (independent homelands).
Legislation in the new constitutional order since 1994
1) refers to all legislation enacted after the start of constitutional democracy in 1994. It includes the interim Constitution (since repealed)
2) the 1996 Constitution
3) national legislation (Acts of Parliament)
4)provincial legislation
(Acts of the nine provincial legislatures and delegated
legislation)
5) Other regulations and
proclamations
6) Legislation by the new local authorities created since 1994.
Hierarchical categories
1)The Constitution
2) Original legislation
3) Subordinate (delegated or secondary) legislation
1) The Constitution
Supreme Law and every other
law is tested against it. It did have an Act number, which was corrected by the Citation of Constitutional Laws Act
5 of 2005. It was degrading for it to have an Act number.