Constitutional Interpretation and Hermeneutics

Hermeneutics

To concretise the general precepts of the legislature through interpretation of legislation.

Greek word hermeneuein, which means interpret.

To concretise the general precepts of the legislature through interpretation of legislation.

It provides a practical, inclusive method of interpretation.

Words and phrases, Structure and context, Teleological interpretation, Historical aspect, and Comparative aspect.

It helps to reveal the inherent meaning of texts.

Because legislation cannot provide an exhaustive description of all possible legal questions.

Plain meaning of the words

The court deviates from the literal meaning to avoid absurdity.

Long title, headings, and text in the other official language

Common law presumptions

Misconceptions about the separation of powers and sovereignty of parliament

Legal positivism

It allowed courts to be creative with common law, making legislation the exception

To avoid absurd results

To ascertain the meaning of the provision by analyzing its purpose.

Ascertaining the meaning of the provision to be interpreted by an analysis of its purpose.

Its historical origins, the statute as a whole, the subject matter, broad objects, and values underlying it.

It helps to understand the provision's meaning in relation to the particular part of the statute it appears in.

To accurately understand its meaning.

The purpose of the provision.

Purpose, historical origins, context of the statute, subject matter, broad objects, and values underlying it, as well as the immediate context and precise wording.

To accurately understand the meaning of a provision.

Legal rules are determined by political and ideological considerations, they focus on the individual and ignore the community, and legal reasoning and legal theories are supported by political considerations.

Structuralism claims that the meaning of language can be ascertained and pinned down from its grammatical structure, while Deconstruction argues that the meaning of a text is not determined by the author and is subjective to multiple interpretations.

The meaning of a text is not determined by the author and is subjective to multiple interpretations.

Context can only give a provision a fixed meaning if the context itself is fixed.

The reader is able to interpret the text impartially and without bias.

It is not an infringement, but a logical extension of the court's powers during interpretation and application of legislation.

The meaning of a text depends on the set of codes, social, cultural, and political.

No, a text can never acquire a fixed final meaning in Deconstruction.

They are tools for contextual interpreters to determine the scope and purpose of legislation.

The legislature cannot control the manner in which the interpreter will interpret the legislative text.

The court may modify or adapt the initial meaning to harmonize it with the purpose of the legislation.

The role of the courts is far more flexible and not limited to mere textual analysis and mechanical application.

It influences the interpretation process, especially after 1994, through the use of Sections 1, 2, 7, 8, 36, and 39.

It forces the interpreter to consider the Bill of Rights and involves the consultation of extra-textual factors.

The post-1994 approach has removed the purely textual approach, incorporating a more contextual and nuanced approach.

The ultimate goal is to determine the scope and purpose of the legislation.