R ev iew Q ues tions TOPIC 6

1. What is subsidiary legislation? Why is that name used to describe this form of law?

2. Is subordinate legislation the same as subsidiary legislation? Explain.

3. What is delegated legislation? How does it differ from subordinate legislation?

5. What is local subsidiary legislation? Give an example of local subsidiary legislation currently in force in your country.

6. Can you give an example of local subsidiary legislation still in force in your country made by an official or body no longer in existence in your country?

7. What do you understand by the term applied subsidiary legislation?

8. Can you give an example of applied subsidiary legislation still in force in your country?

9. What is adopted subsidiary legislation? Can you give an example of adopted subsidiary legislation in force in your country?

10. How is subsidiary legislation made? Explain how subsidiary legislation is amended or repealed. 11. Is subsidiary legislation repealed when the authorising legislation is repealed? 12. Try to think of at least three (3) grounds on which subsidiary legislation might be invalid and void in countries of the USP region. Discuss one case you have read in this topic to illustrate your answer

TOPIC7

1. Describe the basic framework of written Constitutions in the USP region.

2. Make a list of the rights and freedoms outlined in the Constitution of your country.

3. Have any of these rights been modified or restricted in any way in the Constitution? How?

4. Do you think there are any basic rights missing from your Constitution? Explain your answer. Do they appear in any other Constitution in the Pacific region?

5. What do you understand by the statement that words in a written Constitution must be interpreted in their context?

6. Give two (2) examples of the way in which the courts have taken into account words in other parts of the Constitution and the circumstances in which the Constitution was made.

7. When interpreting the Constitution, are courts permitted to take into account the actual intentions of the creators of the Constitution? Why / why not? Do you agree with this position?

8. What is the general rule of interpretation in relation to words in a written Constitution? Explain your answer giving one (1) example. Are there any exceptions to this rule?

9. What general purpose of written Constitutions of former British dependencies did the courts imply?

10. What other purposes relating to the judicial system have been inferred in written Constitutions in the USP region?

TOPIC 8

1. Is the commencement date of an Act any different to the enactment date? Why / why not?

2. Can you think of at least one (1) reason why the commencement date of legislation might be important?

3. List at least three (3) ways you might expect to find the commencement date of legislation.

4. What does the 'enacting' provision of legislation tell you? Where in an Act would you expect to find it?

5. What is an interpretation section? What is its function?

6. Are the definitions stated in an interpretation section always applied throughout an Act? Why / why not? 7. What is the purpose of a preamble?

8. What is the purpose of an appendix or schedule to an Act?

9. Is a schedule considered part of the legislation? Where might you look for an answer to this question in your country?

10. If you are asked to resolve a problem involving an ambiguity or inconsistency in the meaning of a word or phrase in legislation, in what order would you apply the various tools of statutory interpretation? Why?