Interpretation of Legislative Provisions

Defined as the science of understanding or more specifically, as the theory of the interpretation of texts.

A basic understanding is essential for gaining perspective and comprehension of the subject.

The lack of a sound theoretical basis has resulted in conflicting rules and principles.

<p>It emphasizes the importance of considering wider contextual factors beyond the plain grammatical meaning of legislative text.</p> Signup and view all the answers

<p>It does not prioritize the importance of contextual factors and may overlook the wider legislative purpose.</p> Signup and view all the answers

<p>It utilized a wide range of aids and surrounding circumstances to determine the purpose and scope of the legislation.</p> Signup and view all the answers

<p>The importance of words was stressed in constitutional interpretation.</p> Signup and view all the answers

<p>The wider context can provide insights into legislative purpose that may be more crucial than the literal text.</p> Signup and view all the answers

<p>To ensure consistency and objectivity in interpreting legislation.</p> Signup and view all the answers

<p>The predominance of words and phrases</p> Signup and view all the answers

<p>If the meaning of the words is clear, it should be put into effect.</p> Signup and view all the answers

<p>When a strict literal interpretation would result in absurd results.</p> Signup and view all the answers

<p>Long title of the statute, headings to chapters and sections, text in other official language</p> Signup and view all the answers

<p>Demoted to the status of the literal meaning of the text.</p> Signup and view all the answers

<p>To avoid absurd results when the plain meaning of words is ambiguous or misleading.</p> Signup and view all the answers

<p>Considering the meaning of a legislative provision in relation to the legislative text as a whole.</p> Signup and view all the answers

<p>Fundamental constitutional values and a value-orientated interpretation.</p> Signup and view all the answers

<p>By using the historical context of the legislation, including the circumstances that gave rise to it and prior legislation.</p> Signup and view all the answers

<p>Examining international human rights law and constitutional decisions of foreign courts.</p> Signup and view all the answers

<p>They form the foundation of a normative, value-laden jurisprudence against which legislation and actions are evaluated.</p> Signup and view all the answers

<p>By clarifying the meaning of a legislative provision in relation to the legislative text as a whole while considering contextual factors.</p> Signup and view all the answers

<p>The essence of textual interpretation is derived from legal positivism which argues that all law is derived from the state.</p> Signup and view all the answers

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

<p>The principle that the intention of the legislature should be deduced from the particular words or phrases used in the text.</p> Signup and view all the answers

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

<p>Intentional approach is not synonymous with the literal approach but may be used to support it.</p> Signup and view all the answers

<p>The textual approach views courts as mere mechanical interpreters of the law, limiting their role in creating new laws.</p> Signup and view all the answers