Interpreting Legislation: Language Principles and Dimensions
40 Questions
1 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is the purpose of Section 2 of the Interpretation Act?

  • To balance text and context
  • To determine the structural wholeness of an enactment
  • To provide definitions unless otherwise specified (correct)
  • To calculate prescribed periods

    • When computing time, what happens if the last day falls on a Sunday or Public Holiday?

  • The deadline is extended by one day
  • The next working day is used (correct)
  • The deadline remains the same
  • The clock stops ticking

    • What is the principle of interpreting legislation?

  • Legislation must be read as a consistent whole (correct)
  • Legislation must be read in isolation
  • Legislation must be read in reverse
  • Legislation must be read literally

    • What is the significance of the case Nasioneale Vervoerkommissie v Salz Gossow Transport?

    <p>It emphasized the importance of reading a statute in its entirety</p> Signup and view all the answers

    What is the main consideration when interpreting legislation, according to the Jaga case?

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

    What is the relationship between text and context in interpretation?

    <p>Context is considered from the outset</p> Signup and view all the answers

    What is the significance of the concept of structural wholeness?

    <p>It considers the internal consistency of the legislation</p> Signup and view all the answers

    What is the consequence of failing to comply with prescribed periods?

    <p>It may affect the rights of parties</p> Signup and view all the answers

    What is the primary purpose of the provision mentioned in the case of Evans v Schoeman?

    <p>To prevent the government's operations from being hampered by legislation</p> Signup and view all the answers

    What is the starting point of the interpretation process?

    <p>Giving words their ordinary, literal meaning</p> Signup and view all the answers

    According to the court, what happens when the state would be rendered subject to the authority of its own officials?

    <p>The state is not bound by legislation</p> Signup and view all the answers

    What happens when the textual approach is used?

    <p>The textual approach is no longer used in statutory interpretation</p> Signup and view all the answers

    What is the consequence of the state not being bound by legislation, according to the case of Fedsure Life Assurance Ltd v Greater Johannesburg Transitional Metropolitan Council?

    <p>The state is still liable for its actions</p> Signup and view all the answers

    What is the purpose of considering the context of the legislation?

    <p>To influence the meaning of the text</p> Signup and view all the answers

    What is the relationship between the purpose of the legislation and the Constitution?

    <p>The Constitution qualifies the purpose of the legislation</p> Signup and view all the answers

    What is implied within the terms of the interim Constitution?

    <p>The principle of legality</p> Signup and view all the answers

    What is the central conception of the constitutional order in this context?

    <p>That the Legislature and Executive are constrained by the principle of legality</p> Signup and view all the answers

    What is the most important rule of interpretation?

    <p>Giving words their ordinary, literal meaning</p> Signup and view all the answers

    What happens to every word in the legislation?

    <p>Every word must be given a meaning</p> Signup and view all the answers

    What is the result when the state would be affected by penal provisions, according to the case of S v Huyser?

    <p>The state is not bound by legislation</p> Signup and view all the answers

    What is the focus of the principle of legality?

    <p>The limits of power conferred by law</p> Signup and view all the answers

    What is the role of the legislation as a whole in the interpretation process?

    <p>It influences the meaning of the text</p> Signup and view all the answers

    What is the initial step in the interpretation process?

    <p>Reading the legislation concerned and attaching the ordinary meaning of words</p> Signup and view all the answers

    What is left undecided in the context of the rule of law?

    <p>The principle of the rule of law has greater content than the principle of legality</p> Signup and view all the answers

    What is the significance of the principle of legality in the interim Constitution?

    <p>It is a fundamental principle of the Constitution.</p> Signup and view all the answers

    What is the constitutional approach to statutory interpretation also known as?

    <p>The value-laden dimension</p> Signup and view all the answers

    What is the aim of the value-laden dimension of statutory interpretation?

    <p>To ascertain the aim and purpose of provisions</p> Signup and view all the answers

    What is true about the values of the Constitution?

    <p>They are implicit in the Constitution</p> Signup and view all the answers

    What should government agencies and organs of state be bound by?

    <p>Their own legislation, unless they can prove otherwise</p> Signup and view all the answers

    What is the significance of the ghost in the machine?

    <p>It is a constitutional approach to statutory interpretation</p> Signup and view all the answers

    What is the relationship between the letter and the spirit of the Constitution?

    <p>They cannot be separated</p> Signup and view all the answers

    What is the significance of the values embodied in the Constitution?

    <p>They are implicit in the design of the new democratic order</p> Signup and view all the answers

    What is the role of constitutional values in relation to legal propositions?

    <p>To work together with the text to provide constitutional protections</p> Signup and view all the answers

    What is the idea that lawyers were schooled in before 1994?

    <p>Positivist idea of iudicis est ius dicere sed non dare</p> Signup and view all the answers

    What is the value-based dimension about?

    <p>Making values real and respecting the law</p> Signup and view all the answers

    What is required to make constitutional values a reality?

    <p>A mind shift that comprises more ideologies, power, politics, and policies</p> Signup and view all the answers

    What is the interpretation clause in the Hlomisa v Argus Newspapers Ltd case?

    <p>A force that informs all legal institutions and decisions with the new power of constitutional values</p> Signup and view all the answers

    What is the relationship between the text and values in the Constitution?

    <p>The text and values work together in integral fashion</p> Signup and view all the answers

    What is the purpose of the value-based dimension in law-making?

    <p>To ensure the law is respected and adhered to</p> Signup and view all the answers

    What is the significance of the post-1994 era in relation to constitutional values?

    <p>The use of values has become more difficult</p> Signup and view all the answers

    More Like This

    Use Quizgecko on...
    Browser
    Open
    Browser
    Browser