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Study Unit 4
Study Unit 4
Study Unit 4
Demise of legislation:
Subordinate legislation-
it depends on the enabling Act, if it allows subordinate law makers the power to
make legislation it also gives them that power to amend or repeal it.
However, when the Act fails to expressly state this power, there is a common-law
presumption of implied powers that suggest they can do this.
S10 of interpretation Act-
if a law maker has authority to create law, they can correct, amend and resend
those rules.
Formal amendment:
Only a competent legislature is able to amend legislation
The process to amend legislation is time consuming and expensive
When a court deemds legislation it is still not void as this needs to be done
Types of amendments:
Textual/ indirect amendment-
o no direct change the language of the Act, instead the amending legislation
describes the extent of changes form the first Act
Non-textual-
o the actual wording of the initial legislation is changed
The General Laws Amendment Act allows for many laws to be developed at once
by parliament or a legislative body
ABC Amendment Act of 2017- when specific legislation is developed by specific
amendments
Courts:
Courts have the functions of interpreting legislation and applying it to the case at
hand
They also develop the common law in their decisions
They are bound by the separation of powers and other legal rules
They must test the law to see if it meets the constitutional objectives and spirit,
courts may even sometimes amend the legislation when interpreting it, to meet
the purpose of the Constitution and the main legislations aims.
Separation of powers:
Repeal-
o legislation is removed from the statute book, only done by the legislature
Invalidate-
o deemed legally unacceptable, done by courts, it is still in the books until a
legislative body remove it