Podcast
Questions and Answers
The textual approach allows for a lot of room for judicial law-making.
The textual approach allows for a lot of room for judicial law-making.
False
The golden rule is applied when the words are clear and unambiguous.
The golden rule is applied when the words are clear and unambiguous.
False
The textual approach is derived from natural law.
The textual approach is derived from natural law.
False
The case of R v Kirk confirms that the legislature's intention is not decisive in determining the meaning of a statute.
The case of R v Kirk confirms that the legislature's intention is not decisive in determining the meaning of a statute.
Signup and view all the answers
The textual approach takes into account the context and presumptions of a statute.
The textual approach takes into account the context and presumptions of a statute.
Signup and view all the answers
The plain meaning approach has been rejected in South African law.
The plain meaning approach has been rejected in South African law.
Signup and view all the answers
Deconstruction supports literal interpretations and positivism.
Deconstruction supports literal interpretations and positivism.
Signup and view all the answers
The meaning of a text is determined by the author according to deconstruction.
The meaning of a text is determined by the author according to deconstruction.
Signup and view all the answers
Structuralism claims that the meaning of language can be ascertained and pinned down from its grammatical structure.
Structuralism claims that the meaning of language can be ascertained and pinned down from its grammatical structure.
Signup and view all the answers
Legal rules are determined solely by legal considerations according to critics.
Legal rules are determined solely by legal considerations according to critics.
Signup and view all the answers
The textual approach allows courts to make law.
The textual approach allows courts to make law.
Signup and view all the answers
Liberal legal traditions focus solely on the community.
Liberal legal traditions focus solely on the community.
Signup and view all the answers
The iudicis est rule means that only the legislature may supplement or alter deficiencies in legislation.
The iudicis est rule means that only the legislature may supplement or alter deficiencies in legislation.
Signup and view all the answers
Section 39 of the Constitution reinforces the textual approach.
Section 39 of the Constitution reinforces the textual approach.
Signup and view all the answers
Deconstruction allows for a fixed final meaning of a text.
Deconstruction allows for a fixed final meaning of a text.
Signup and view all the answers
The Text-in-Context Approach prioritizes the grammatical, literal meaning of words.
The Text-in-Context Approach prioritizes the grammatical, literal meaning of words.
Signup and view all the answers
Courts may distort the ordinary meaning of words beyond their reasonable capabilities using a purposive approach.
Courts may distort the ordinary meaning of words beyond their reasonable capabilities using a purposive approach.
Signup and view all the answers
The textual approach is no longer used in South African courts.
The textual approach is no longer used in South African courts.
Signup and view all the answers
The purposive approach to statutory interpretation takes into account only the language of the statute.
The purposive approach to statutory interpretation takes into account only the language of the statute.
Signup and view all the answers
The function of a court is to arrive at an interpretation that achieves the most appropriate balance between the parties and fits comfortably into the constitutional framework.
The function of a court is to arrive at an interpretation that achieves the most appropriate balance between the parties and fits comfortably into the constitutional framework.
Signup and view all the answers
The Jacobsen v Levy rule states that if the language of the statute is clear, then the statute must be interpreted literally.
The Jacobsen v Levy rule states that if the language of the statute is clear, then the statute must be interpreted literally.
Signup and view all the answers
The purposive approach is used to interpret statutes according to their ordinary meaning.
The purposive approach is used to interpret statutes according to their ordinary meaning.
Signup and view all the answers
The court's function is to interpret statutes in a way that requires the most intrusive addition to the text.
The court's function is to interpret statutes in a way that requires the most intrusive addition to the text.
Signup and view all the answers
The context of a statute includes the language of the rest of the statute and its background.
The context of a statute includes the language of the rest of the statute and its background.
Signup and view all the answers
The objective intention is determined subjectively.
The objective intention is determined subjectively.
Signup and view all the answers
The Mischief Rule is based on literal interpretation.
The Mischief Rule is based on literal interpretation.
Signup and view all the answers
The context in which words are used does not affect their meaning.
The context in which words are used does not affect their meaning.
Signup and view all the answers
A word must carry the same interpretation in every statute.
A word must carry the same interpretation in every statute.
Signup and view all the answers
The interpreter cannot consider the wider context of the provision from the outset.
The interpreter cannot consider the wider context of the provision from the outset.
Signup and view all the answers
The meaning of the text and context is determined before it is applied.
The meaning of the text and context is determined before it is applied.
Signup and view all the answers
