Podcast
Questions and Answers
What is the term used for South African common law?
What is the term used for South African common law?
Roman-Dutch law
How can common law be changed if there is no statutory law on the subject?
How can common law be changed if there is no statutory law on the subject?
By original legislation
What does indigenous law in South Africa refer to?
What does indigenous law in South Africa refer to?
Traditional law of the indigenous black people
What is case law also known as?
What is case law also known as?
What principle means that judgments of higher courts bind lower courts and courts of equal status?
What principle means that judgments of higher courts bind lower courts and courts of equal status?
What role does statute law (legislation) play in common-law legal systems?
What role does statute law (legislation) play in common-law legal systems?
Why do we need special rules of interpretation in law?
Why do we need special rules of interpretation in law?
What did Professor Lon Fuller illustrate with a hypothetical example during the 1950s?
What did Professor Lon Fuller illustrate with a hypothetical example during the 1950s?
What common sense understanding can be derived from a law that criminalizes sleeping in railway stations?
What common sense understanding can be derived from a law that criminalizes sleeping in railway stations?
Why is interpreting legislation more than a mere reading of provisions?
Why is interpreting legislation more than a mere reading of provisions?
How does Professor Lon Fuller's example challenge the simplicity of applying laws?
How does Professor Lon Fuller's example challenge the simplicity of applying laws?
What does the hypothetical example of sleeping in railway stations demonstrate about language in legislation?
What does the hypothetical example of sleeping in railway stations demonstrate about language in legislation?
What skills are required for interpreting legislation?
What skills are required for interpreting legislation?
Why is interpreting legislation not easy, quick, or mechanical?
Why is interpreting legislation not easy, quick, or mechanical?
How should the court interpret and apply the legislation?
How should the court interpret and apply the legislation?
What must an interpreter do when interpreting a provision in an Act of Parliament?
What must an interpreter do when interpreting a provision in an Act of Parliament?
What does section 11 of the Bill of Rights in the Constitution guarantee?
What does section 11 of the Bill of Rights in the Constitution guarantee?
What external aids can be used to establish the meaning of legislation?
What external aids can be used to establish the meaning of legislation?
In the case of S v Makwanyane 1995 (3) SA 391 (CC), what decision did the Constitutional Court make?
In the case of S v Makwanyane 1995 (3) SA 391 (CC), what decision did the Constitutional Court make?
What challenges may interpreters face in interpreting legislation?
What challenges may interpreters face in interpreting legislation?
Is it an absurd interpretation of the right to life to guarantee immortality?
Is it an absurd interpretation of the right to life to guarantee immortality?
Why is keeping up to date with new developments in the law important for interpreters?
Why is keeping up to date with new developments in the law important for interpreters?
What does the right to life, as stated in the Constitution, mean?
What does the right to life, as stated in the Constitution, mean?
Does the decision in S v Makwanyane 1995 (3) SA 391 (CC) imply that a person may not be killed in self-defence?
Does the decision in S v Makwanyane 1995 (3) SA 391 (CC) imply that a person may not be killed in self-defence?
What significant change in the interpretation of statutes occurred with the introduction of the interim Constitution in South Africa?
What significant change in the interpretation of statutes occurred with the introduction of the interim Constitution in South Africa?
How did the interim Constitution impact the rules of statutory interpretation?
How did the interim Constitution impact the rules of statutory interpretation?
What significant event took place on 4 February 1997 in South Africa regarding constitutional law?
What significant event took place on 4 February 1997 in South Africa regarding constitutional law?
What critical aspect of the debate about the protection of fundamental human rights emerged after the commencement of the interim Constitution?
What critical aspect of the debate about the protection of fundamental human rights emerged after the commencement of the interim Constitution?
How did the introduction of the interim Constitution affect the traditional principle of parliamentary sovereignty in South Africa?
How did the introduction of the interim Constitution affect the traditional principle of parliamentary sovereignty in South Africa?
What key element must be taken into account by the courts during the interpretation of statutes post the introduction of the interim Constitution?
What key element must be taken into account by the courts during the interpretation of statutes post the introduction of the interim Constitution?
