Theme 2 - The term 'Legislation' Flashcards
Define the term ‘legislation’.
What is legislation?
Written law enacted by a body/person authorised to do so by the Constitution or other legislation.
What does legislation consist of?
What is legislation?
According to the Intepretation Act (ss 1 and 2 read together) legislation consists of:
- any law, proclamation, ordinance, Act of Parliament, by-laws, rules, regulations or orders and any other enactment having the force of law.
What is National Legislation?
What is legislation?
Subordinate legislation made in terms of an Act of Parliament and legislation that was in force when the Constitution took effect and is administered by the National Government.
What is Provincial Legislation?
What is legislation?
Subordinate legislation made in terms of an Provincial Act and legislation that was in force when the Constitution took effect and is administered by the Provincial Government.
Chronological categories.
Explain legislation before 1806.
Categories of legislation.
- Colonial Dutch placaaten that are now seen as forming part of our common law.
- No formal procedure required for its demise as it is abrogated by disuse.
Chronological categories.
Explain old order legislation.
Categories of legislation.
- Any legislation in force before the Interim Consitution took effect.
- Divided into two historical era’s.
Chronological categories.
Discuss the first historical era of old order legislation.
Categories of legislation.
Pre-Union legislation.
- Refers to the legislation adopted between the British annexation of the Cape and the creation of the Union of South Africa.
- Consists of the legislation of the British colonies and the Boer Republics.
Chronological categories.
Discuss the second historical era of old order legislation.
Categories of legislation.
Legislation between the Union and the democratic era.
- In view of the constitutional changes since 1994, this legislation is known as ‘old order legislation’ and would include most of the existing South African legislation.
Chronological categories.
Explain legislation in the new constitutional order since 1994.
Categories of legislation.
Refers to all legislation enacted after the start of the constitutional democracy in 1994.
Hierarchical categories.
Discuss the Constitution.
Categories of legislation.
- The Constitution is at the top of the chain and all legislation follow it.
- It is the supreme law of the land and any law inconsistent with it is unconstitutional and invalid.
- It imposes obligations that must be fulfilled.
Hierarchical categories.
Discuss original legislation.
Categories of legislation.
- Derives from the complete and comprehensive legislative capacity of an elected legislative body.
- Based on two interrelated principles: the first being that it is enacted by a deliberate law-making body and the second is that the legislative powers are founded in the Constitution, directly/indirectly.
Hierarchical categories.
Explain Acts of Parliament.
Categories of legislation.
- Parliament is the highest legislator in the Republic of South Africa.
- Its original powers are bestowed upon it by the Constitution.
- Some Acts of Parliament are created by a specific mandate in the Constitution in order to give effect to specific human rights. These Acts are superior to all legislation but subordinate to the Constitution.
Hierarchical categories.
Explain new provincial Acts.
Categories of legislation.
- Legislation enacted by the 9 new provincial legislatures as empowered by the Constitution or an Act of Parliament.
- Courts have the power to review provincial Acts.
Hierarchical categories.
Explain provincial ordinances.
Categories of legislation.
Some of the provincial ordinances are still in force and only apply in the old geographical area of the former province concerned.
Hierarchical categories.
Explain the legislation of the former homelands.
Categories of legislation.
Homelands enjoyed concurrent legislative powers with the central government, altough there were certain limitations on their legislators.
