27 Questions
What is the general rule of Hermeneutics?
Defined as the science of understanding or more specifically, as the theory of the interpretation of texts.
Why is a basic understanding of the theoretical background of statutory interpretation considered essential?
A basic understanding is essential for gaining perspective and comprehension of the subject.
What is one reason cited for the lack of a sound theoretical basis for statutory interpretation in South Africa?
The lack of a sound theoretical basis has resulted in conflicting rules and principles.
What is the significance of the contextual approach in statutory interpretation?
It emphasizes the importance of considering wider contextual factors beyond the plain grammatical meaning of legislative text.
Why is the textual-literalist approach criticized in statutory interpretation?
It does not prioritize the importance of contextual factors and may overlook the wider legislative purpose.
How did the decision in Mjuqu v Johannesburg City Council demonstrate the contextual approach?
It utilized a wide range of aids and surrounding circumstances to determine the purpose and scope of the legislation.
What was emphasized in the case of S v Zuma regarding constitutional interpretation?
The importance of words was stressed in constitutional interpretation.
Why is the wider context sometimes considered more important than the grammatical meaning of legislative texts?
The wider context can provide insights into legislative purpose that may be more crucial than the literal text.
In statutory interpretation, why is it important to apply the determined meaning of the text and context?
To ensure consistency and objectivity in interpreting legislation.
What does the text-based methodology prioritize in legal interpretation?
The predominance of words and phrases
What is the primary rule of interpretation according to the text?
If the meaning of the words is clear, it should be put into effect.
When can the court deviate from a strict literal interpretation of the words?
When a strict literal interpretation would result in absurd results.
What are some secondary aids to interpretation mentioned in the text?
Long title of the statute, headings to chapters and sections, text in other official language
How does the text-based methodology view legislative intent?
Demoted to the status of the literal meaning of the text.
What is the purpose of the 'golden rule' of interpretation?
To avoid absurd results when the plain meaning of words is ambiguous or misleading.
What is the holistic approach in statutory interpretation?
Considering the meaning of a legislative provision in relation to the legislative text as a whole.
What does the teleological interpretation focus on?
Fundamental constitutional values and a value-orientated interpretation.
How does the historical aspect contribute to statutory interpretation?
By using the historical context of the legislation, including the circumstances that gave rise to it and prior legislation.
What does the comparative aspect of statutory interpretation involve?
Examining international human rights law and constitutional decisions of foreign courts.
Explain the importance of fundamental constitutional values in statutory interpretation.
They form the foundation of a normative, value-laden jurisprudence against which legislation and actions are evaluated.
How do the systematic and contextual aspects of statutory interpretation complement each other?
By clarifying the meaning of a legislative provision in relation to the legislative text as a whole while considering contextual factors.
What is the essence of textual interpretation according to legal positivism?
The essence of textual interpretation is derived from legal positivism which argues that all law is derived from the state.
How does the golden rule of textual interpretation impact judicial law-making?
The golden rule limits judicial law-making by allowing courts to deviate from literal meaning only in cases of unclear or ambiguous words, or if a literal interpretation leads to absurdity.
What principle dictates the derivation of legislative intent in textual interpretation?
The principle that the intention of the legislature should be deduced from the particular words or phrases used in the text.
How did the courts in Union Government v Mack approach the 'plain meaning' of text?
The courts in Union Government v Mack automatically elevated the 'clear and unambiguous meaning of the words' to the status of the will and intention of the legislature.
What is the relationship between intentional approach and the literal approach in statutory interpretation?
Intentional approach is not synonymous with the literal approach but may be used to support it.
Why does the textual approach leave little room for judicial law-making?
The textual approach views courts as mere mechanical interpreters of the law, limiting their role in creating new laws.
Explore different aspects of interpreting legislative provisions, including the holistic approach and teleological interpretation based on constitutional values. Understand how context and values play a crucial role in understanding legal texts.
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