Notes for Introduction to law (LAWS1011A at Wits University).
A comprehensive summary of the topic content - including diagrams, definitions and explanations where applicable.
Legislation
Arm of government concerned with making and enacting laws
Law-making body
National Parliament, Provincial Levels, Local Councils and Municipalities → passes
legislation
Legislation, statutes, Acts of Parliament (synonyms for legislation))
National Parliament
2 houses:
National Assembly → 340 - 400 members
National council of provinces - 10 delegates from each province (90) (Gives
provinces a say in national legislation)
When does parliament pass legislation?
There are gaps in the law (lacunae)
Law no longer corresponds to the needs of modern society
there are defects/loopholes in existing legislation
Legislation 1
, Characteristics of Legislation
1. Somewhat flexible - can be enacted, amended or repealed quickly
Changing legislation is an issue - politicisation requires a majority, long
processes
2. General: applies to all people/classes of people
Not retrospective (forward/future looking. Starts from day enacted onwards)
Concerned with implementing societal policies, not individual disputes
3. Enacted in a set procedure
Prescriptive
No need to ask/debate the process
4. Published in Government Gazette - Official paper
Published monthly
Act Promogation - published through Government Gazette
5. Allows for further action from someone
Executive can flesh out legislation
Can empower someone in the executive branch
Customs act empowers the SARS commissioner, minister of finance, minister of
trade
Advantage of Legislation
1. Legislation is broad
Courts make findings that relate to a particular person
Targets a broader group of people
2. Quickly enacted, amended or repealed
Legislation 2
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