Constitutional Interpretation and Hermeneutics
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Questions and Answers

What is the name of the science of understanding and interpretation of texts?

Hermeneutics

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'?

Greek word hermeneuein, which means interpret.

What is the role of the court in hermeneutics?

<p>To concretise the general precepts of the legislature through interpretation of legislation.</p> Signup and view all the answers

What is the significance of hermeneutics in understanding constitutional values?

<p>It provides a practical, inclusive method of interpretation.</p> Signup and view all the answers

What are the different aspects of hermeneutics?

<p>Words and phrases, Structure and context, Teleological interpretation, Historical aspect, and Comparative aspect.</p> Signup and view all the answers

What is the benefit of hermeneutics in statutory interpretation?

<p>It helps to reveal the inherent meaning of texts.</p> Signup and view all the answers

Why is hermeneutics necessary in law?

<p>Because legislation cannot provide an exhaustive description of all possible legal questions.</p> Signup and view all the answers

What is the primary consideration when interpreting the meaning of words in a statute, according to the Golden Rule of Interpretation?

<p>Plain meaning of the words</p> Signup and view all the answers

What happens when the plain meaning of words leads to absurd results?

<p>The court deviates from the literal meaning to avoid absurdity.</p> Signup and view all the answers

What are secondary aids in statue interpretation?

<p>Long title, headings, and text in the other official language</p> Signup and view all the answers

What are tertiary aids in statue interpretation?

<p>Common law presumptions</p> Signup and view all the answers

What misconception led to the acceptance of the textual approach in England?

<p>Misconceptions about the separation of powers and sovereignty of parliament</p> Signup and view all the answers

What doctrine influenced the literal approach in England?

<p>Legal positivism</p> Signup and view all the answers

How did the common law tradition impact the development of legislation in England?

<p>It allowed courts to be creative with common law, making legislation the exception</p> Signup and view all the answers

What is the primary goal of the court when interpreting a statute, according to the Golden Rule of Interpretation?

<p>To avoid absurd results</p> Signup and view all the answers

What is the primary goal of the purposive approach in statutory interpretation?

<p>To ascertain the meaning of the provision by analyzing its purpose.</p> Signup and view all the answers

What is the first step in the purposive approach?

<p>Ascertaining the meaning of the provision to be interpreted by an analysis of its purpose.</p> Signup and view all the answers

What is considered when examining the context of a provision?

<p>Its historical origins, the statute as a whole, the subject matter, broad objects, and values underlying it.</p> Signup and view all the answers

What is the significance of examining the immediate context of a provision?

<p>It helps to understand the provision's meaning in relation to the particular part of the statute it appears in.</p> Signup and view all the answers

Why is it essential to consider the precise wording of a provision?

<p>To accurately understand its meaning.</p> Signup and view all the answers

What does the Constitutional Court's approach emphasize in statutory interpretation?

<p>The purpose of the provision.</p> Signup and view all the answers

What are the key elements considered in the purposive approach?

<p>Purpose, historical origins, context of the statute, subject matter, broad objects, and values underlying it, as well as the immediate context and precise wording.</p> Signup and view all the answers

What is the ultimate goal of the purposive approach in statutory interpretation?

<p>To accurately understand the meaning of a provision.</p> Signup and view all the answers

What are the three main criticisms of liberal legal traditions?

<p>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.</p> Signup and view all the answers

What is the main difference between Structuralism and Deconstruction?

<p>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.</p> Signup and view all the answers

What is the key feature of Deconstruction in relation to the meaning of a text?

<p>The meaning of a text is not determined by the author and is subjective to multiple interpretations.</p> Signup and view all the answers

Why is contextual interpretation criticized in Deconstruction?

<p>Context can only give a provision a fixed meaning if the context itself is fixed.</p> Signup and view all the answers

What is the role of the reader in Deconstruction?

<p>The reader is able to interpret the text impartially and without bias.</p> Signup and view all the answers

How does the judiciary's law-making function relate to the legislature's legislative function?

<p>It is not an infringement, but a logical extension of the court's powers during interpretation and application of legislation.</p> Signup and view all the answers

What is the significance of codes in Deconstruction?

<p>The meaning of a text depends on the set of codes, social, cultural, and political.</p> Signup and view all the answers

Can a text acquire a fixed final meaning in Deconstruction?

<p>No, a text can never acquire a fixed final meaning in Deconstruction.</p> Signup and view all the answers

What are the 'presumptions and various aids to interpretation' used for?

<p>They are tools for contextual interpreters to determine the scope and purpose of legislation.</p> Signup and view all the answers

What is the implication of Deconstruction for the interpretation of statutes?

<p>The legislature cannot control the manner in which the interpreter will interpret the legislative text.</p> Signup and view all the answers

According to the text-in-context approach, what may the court do to the initial meaning of the text?

<p>The court may modify or adapt the initial meaning to harmonize it with the purpose of the legislation.</p> Signup and view all the answers

What is the role of the courts in the interpretation of legislation?

<p>The role of the courts is far more flexible and not limited to mere textual analysis and mechanical application.</p> Signup and view all the answers

What is the significance of the Constitutional Supremacy in the interpretation of legislation?

<p>It influences the interpretation process, especially after 1994, through the use of Sections 1, 2, 7, 8, 36, and 39.</p> Signup and view all the answers

What is the effect of the Interpretation Clause on the interpretation process?

<p>It forces the interpreter to consider the Bill of Rights and involves the consultation of extra-textual factors.</p> Signup and view all the answers

How does the post-1994 approach to interpretation differ from the pre-1994 approach?

<p>The post-1994 approach has removed the purely textual approach, incorporating a more contextual and nuanced approach.</p> Signup and view all the answers

What is the ultimate goal of the interpretation process in the context of legislation?

<p>The ultimate goal is to determine the scope and purpose of the legislation.</p> Signup and view all the answers

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