Interpreting Legislation: Language Principles and Dimensions

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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?

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

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

The purpose of the legislation Signup and view all the answers

What is the relationship between text and context in interpretation?

Context is considered from the outset Signup and view all the answers

What is the significance of the concept of structural wholeness?

It considers the internal consistency of the legislation Signup and view all the answers

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

It may affect the rights of parties Signup and view all the answers

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

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

What is the starting point of the interpretation process?

Giving words their ordinary, literal meaning 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?

The state is not bound by legislation Signup and view all the answers

What happens when the textual approach is used?

The textual approach is no longer used in statutory interpretation 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?

The state is still liable for its actions Signup and view all the answers

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

To influence the meaning of the text Signup and view all the answers

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

The Constitution qualifies the purpose of the legislation Signup and view all the answers

What is implied within the terms of the interim Constitution?

The principle of legality Signup and view all the answers

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

That the Legislature and Executive are constrained by the principle of legality Signup and view all the answers

What is the most important rule of interpretation?

Giving words their ordinary, literal meaning Signup and view all the answers

What happens to every word in the legislation?

Every word must be given a meaning 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?

The state is not bound by legislation Signup and view all the answers

What is the focus of the principle of legality?

The limits of power conferred by law Signup and view all the answers

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

It influences the meaning of the text Signup and view all the answers

What is the initial step in the interpretation process?

Reading the legislation concerned and attaching the ordinary meaning of words Signup and view all the answers

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

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

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

It is a fundamental principle of the Constitution. Signup and view all the answers

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

The value-laden dimension Signup and view all the answers

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

To ascertain the aim and purpose of provisions Signup and view all the answers

What is true about the values of the Constitution?

They are implicit in the Constitution Signup and view all the answers

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

Their own legislation, unless they can prove otherwise Signup and view all the answers

What is the significance of the ghost in the machine?

It is a constitutional approach to statutory interpretation Signup and view all the answers

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

They cannot be separated Signup and view all the answers

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

They are implicit in the design of the new democratic order Signup and view all the answers

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

To work together with the text to provide constitutional protections Signup and view all the answers

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

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

What is the value-based dimension about?

Making values real and respecting the law Signup and view all the answers

What is required to make constitutional values a reality?

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

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

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

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

The text and values work together in integral fashion Signup and view all the answers

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

To ensure the law is respected and adhered to Signup and view all the answers

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

The use of values has become more difficult Signup and view all the answers