Podcast
Questions and Answers
What is the name of the science of understanding and interpretation of texts?
What is the name of the science of understanding and interpretation of texts?
Hermeneutics
What is the purpose of hermeneutics in legislation?
What is the purpose of hermeneutics in legislation?
To concretise the general precepts of the legislature through interpretation of legislation.
What is the origin of the word 'hermeneutics'?
What is the origin of the word 'hermeneutics'?
Greek word hermeneuein, which means interpret.
What is the role of the court in hermeneutics?
What is the role of the court in hermeneutics?
What is the significance of hermeneutics in understanding constitutional values?
What is the significance of hermeneutics in understanding constitutional values?
What are the different aspects of hermeneutics?
What are the different aspects of hermeneutics?
What is the benefit of hermeneutics in statutory interpretation?
What is the benefit of hermeneutics in statutory interpretation?
Why is hermeneutics necessary in law?
Why is hermeneutics necessary in law?
What is the primary consideration when interpreting the meaning of words in a statute, according to the Golden Rule of Interpretation?
What is the primary consideration when interpreting the meaning of words in a statute, according to the Golden Rule of Interpretation?
What happens when the plain meaning of words leads to absurd results?
What happens when the plain meaning of words leads to absurd results?
What are secondary aids in statue interpretation?
What are secondary aids in statue interpretation?
What are tertiary aids in statue interpretation?
What are tertiary aids in statue interpretation?
What misconception led to the acceptance of the textual approach in England?
What misconception led to the acceptance of the textual approach in England?
What doctrine influenced the literal approach in England?
What doctrine influenced the literal approach in England?
How did the common law tradition impact the development of legislation in England?
How did the common law tradition impact the development of legislation in England?
What is the primary goal of the court when interpreting a statute, according to the Golden Rule of Interpretation?
What is the primary goal of the court when interpreting a statute, according to the Golden Rule of Interpretation?
What is the primary goal of the purposive approach in statutory interpretation?
What is the primary goal of the purposive approach in statutory interpretation?
What is the first step in the purposive approach?
What is the first step in the purposive approach?
What is considered when examining the context of a provision?
What is considered when examining the context of a provision?
What is the significance of examining the immediate context of a provision?
What is the significance of examining the immediate context of a provision?
Why is it essential to consider the precise wording of a provision?
Why is it essential to consider the precise wording of a provision?
What does the Constitutional Court's approach emphasize in statutory interpretation?
What does the Constitutional Court's approach emphasize in statutory interpretation?
What are the key elements considered in the purposive approach?
What are the key elements considered in the purposive approach?
What is the ultimate goal of the purposive approach in statutory interpretation?
What is the ultimate goal of the purposive approach in statutory interpretation?
What are the three main criticisms of liberal legal traditions?
What are the three main criticisms of liberal legal traditions?
What is the main difference between Structuralism and Deconstruction?
What is the main difference between Structuralism and Deconstruction?
What is the key feature of Deconstruction in relation to the meaning of a text?
What is the key feature of Deconstruction in relation to the meaning of a text?
Why is contextual interpretation criticized in Deconstruction?
Why is contextual interpretation criticized in Deconstruction?
What is the role of the reader in Deconstruction?
What is the role of the reader in Deconstruction?
How does the judiciary's law-making function relate to the legislature's legislative function?
How does the judiciary's law-making function relate to the legislature's legislative function?
What is the significance of codes in Deconstruction?
What is the significance of codes in Deconstruction?
Can a text acquire a fixed final meaning in Deconstruction?
Can a text acquire a fixed final meaning in Deconstruction?
What are the 'presumptions and various aids to interpretation' used for?
What are the 'presumptions and various aids to interpretation' used for?
What is the implication of Deconstruction for the interpretation of statutes?
What is the implication of Deconstruction for the interpretation of statutes?
According to the text-in-context approach, what may the court do to the initial meaning of the text?
According to the text-in-context approach, what may the court do to the initial meaning of the text?
What is the role of the courts in the interpretation of legislation?
What is the role of the courts in the interpretation of legislation?
What is the significance of the Constitutional Supremacy in the interpretation of legislation?
What is the significance of the Constitutional Supremacy in the interpretation of legislation?
What is the effect of the Interpretation Clause on the interpretation process?
What is the effect of the Interpretation Clause on the interpretation process?
How does the post-1994 approach to interpretation differ from the pre-1994 approach?
How does the post-1994 approach to interpretation differ from the pre-1994 approach?
What is the ultimate goal of the interpretation process in the context of legislation?
What is the ultimate goal of the interpretation process in the context of legislation?