Impact of Legislation on Interpretation

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What is the primary reason for the necessity of legislative intervention in modern societies?

To reduce the power of the judiciary

To regulate new technological and scientific developments (correct)

To enforce common law principles

To bypass the need for interpreting statutes

In South Africa, why is a thorough understanding of legislation particularly important?

To minimize the importance of statute law

To maintain the apartheid system

To dismantle the apartheid legal framework (correct)

To prevent legislative intervention

According to Du Plessis (2002: 18), what does statutory interpretation involve?

Ignoring other law-texts

Dealing with practical situations only

Constructing the correct meaning of legislative provisions (correct)

Excluding hypothetical situations

What is the core focus of interpreting statutes?

Determining the correct meaning of legislative provisions Signup and view all the answers

Why does legislation play a crucial role in modern societies?

To address new technological and scientific developments Signup and view all the answers

What was the core driving force behind apartheid's legal system?

Public-law principles Signup and view all the answers

What was the main takeaway from the Constitutional Court's decision in Soobramoney v Minister of Health, KwazuluNatal 1998?

The constitutional right to life does not impose a duty on the state to preserve all terminal patients' lives. Signup and view all the answers

In Carmichele v Minister of Safety and Security 2001, what duty did the Constitutional Court link to the constitutional rights to life and freedom and security of the person?

Duty not to perform any act that violates these rights. Signup and view all the answers

According to Du Plessis (1999), how should one understand a legal text?

By analyzing the constitutional rights and fundamental values involved. Signup and view all the answers

What did the Constitutional Court clarify about the existing right to kill a person in self-defence in Makwanyane and Ex parte Minister of Safety and Security?

It was not affected by the Constitution. Signup and view all the answers

How did the Constitutional Court's decision in Carmichele v Minister of Safety and Security 2001 connect constitutional rights to state duty?

By establishing a duty on the state and its organs not to violate these rights. Signup and view all the answers

'Everyone has the right to life' became complex due to:

Interpretation involving legislation, context, human rights, and values. Signup and view all the answers

What knowledge is required to interpret legislation effectively?

Excellent knowledge of the law and where to find it only Signup and view all the answers

When interpreting a provision in an Act of Parliament, what should be considered besides the provision itself?

Regulations issued under the provision Signup and view all the answers

Why is interpreting legislation not easy, quick, or mechanical?

Due to the results of poor drafting, conflicting provisions, or lack of resources to research the current law Signup and view all the answers

Which external aids may be utilized to establish the meaning of legislation?

Dictionaries or commission reports Signup and view all the answers

In addition to regulations, what else should be read alongside a provision in an Act of Parliament for interpretation?

Definitions in other Acts Signup and view all the answers

What must an interpreter do to keep up with new developments in the law?

Analyze latest Acts and regulations Signup and view all the answers

What did Botha JA express regarding the language used in the Compulsory Motor Vehicle Insurance Act 56 of 1972?

He criticized the prolixity and confusing language of the legislation. Signup and view all the answers

What did Botha JA suggest he would do to navigate the confusion in the legislation?

Take shortcuts when referring to the provisions. Signup and view all the answers

According to Botha & Bekink (2007: 34), why is it challenging to use plain language drafting in legislation?

It may not capture all technical nuances accurately. Signup and view all the answers

Which Act provides a legislative acknowledgment of the link between understandable language and access to justice?

Consumer Protection Act 68 of 2008 Signup and view all the answers

What was the purpose of the Consumer Protection Act 68 of 2008 according to the text?

To promote social and economic welfare of consumers in South Africa. Signup and view all the answers

Why are legislative drafters, legislatures, and lawyers becoming more aware of the need to draft legal documents in understandable language?

To address the need for accessibility and understanding in legal texts. Signup and view all the answers

What does the intention of the legislature refer to?

The collective intent of the majority of the legislative body Signup and view all the answers

In statutory interpretation, what is more important than the terminology used?

The purpose or aim of the legislation Signup and view all the answers

During which period was statutory interpretation considered neglected in South African jurisprudence?

Late 1970s and 1980s Signup and view all the answers

Who formulates the draft legislation in the legislative process?

Legal drafters on advice of bureaucrats Signup and view all the answers

Which factor was particularly criticized during the late 1970s and 1980s regarding statutory interpretation?

Unsystematic application of interpretive rules and principles Signup and view all the answers

What does the correct interpretation of legislation primarily depend on?

The intention or aim of the legislation Signup and view all the answers