Judicial Interpretation of Legislation

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Section 2 of the Interpretation Act will never apply definitions expressly provided otherwise.

False

When computing time, Sundays and public holidays are always included in the calculation.

False

Legislation must be interpreted by reading each section in isolation.

False

The court in Nasioneale Vervoerkommissie v Salz Gossow Transport stated that a statute must be studied in parts.

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Context is only considered when there is ambiguity in the legislation.

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The structural wholeness of an enactment is not a relevant consideration in interpretation.

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A holistic approach is not necessary when interpreting legislation.

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Failure to comply with prescribed periods will not affect the rights of parties.

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The provision that the government's operations are not hampered by legislation is an example of lawlessness of government.

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The Teleological Dimension is a principle that states the government should always be bound by legislation.

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The principle of legality implies that the Legislature and Executive have unlimited power.

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The state is automatically exempt from liability if it is not bound by legislation.

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The court mentioned that the state would be bound by legislation in all circumstances.

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The case of Fedsure Life Assurance Ltd v Greater Johannesburg Transitional Metropolitan Council established the principle of legality.

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The principle of legality is only applicable to the Executive branch of government.

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The principle of legality is explicitly stated in the interim Constitution.

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The court’s function is to disregard every word in the legislation unless it is absolutely essential to consider it.

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The principle of assigning meaning to every word in the legislation is absolute.

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Additions or subtractions from the words used in the legislation are permitted under certain circumstances.

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The law is static and does not change over time.

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The ordinary meaning of the legislation remains the same over time, regardless of later legislation.

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The courts have always interpreted legislation narrowly to avoid updating the Act.

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The legislative text in one official language prevails in the event of inconsistencies between the texts.

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The use of internal language aids to interpretation is not permitted in statutory bilingualism.

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The role of constitutional values is to provide a patina of virtue to otherwise bald, neutral and discrete legal propositions.

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Lawyers were schooled in the idea that judges know best and have spoken.

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The value-based dimension only involves paying lip service to constitutional values.

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The interpretation clause is merely an interpretive directive.

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Constitutional values only involve ideologies and power dynamics.

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The use of values has been widely accepted and implemented post 1994.

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Constitutional values are only considered during the application of the law.

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The Constitution does not provide any protections.

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The concept of ubuntu is explicitly mentioned in the South African Constitution of 1996.

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Ubuntu is an African tradition that focuses on individualism.

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The postamble of the English text of 1993 does not mention ubuntu.

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The concept of ubuntu is limited to African traditions.

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The S v Makwanyane case does not apply ubuntu principles.

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Ubuntu translates to 'humanity' and 'morality' in its most fundamental sense.

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Ubuntu emphasizes confrontation over conciliation.

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Ubuntu is not a useful extra-textual aid to statutory and constitutional interpretation.

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Judicial Interpretation of Legislation

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Questions and Answers

Section 2 of the Interpretation Act will never apply definitions expressly provided otherwise.

When computing time, Sundays and public holidays are always included in the calculation.

Legislation must be interpreted by reading each section in isolation.

The court in Nasioneale Vervoerkommissie v Salz Gossow Transport stated that a statute must be studied in parts.

Context is only considered when there is ambiguity in the legislation.

The structural wholeness of an enactment is not a relevant consideration in interpretation.

A holistic approach is not necessary when interpreting legislation.

Failure to comply with prescribed periods will not affect the rights of parties.

The provision that the government's operations are not hampered by legislation is an example of lawlessness of government.

The Teleological Dimension is a principle that states the government should always be bound by legislation.

The principle of legality implies that the Legislature and Executive have unlimited power.

The state is automatically exempt from liability if it is not bound by legislation.

The court mentioned that the state would be bound by legislation in all circumstances.

The case of Fedsure Life Assurance Ltd v Greater Johannesburg Transitional Metropolitan Council established the principle of legality.

The principle of legality is only applicable to the Executive branch of government.

The principle of legality is explicitly stated in the interim Constitution.

The court’s function is to disregard every word in the legislation unless it is absolutely essential to consider it.

The principle of assigning meaning to every word in the legislation is absolute.

Additions or subtractions from the words used in the legislation are permitted under certain circumstances.

The law is static and does not change over time.

The ordinary meaning of the legislation remains the same over time, regardless of later legislation.

The courts have always interpreted legislation narrowly to avoid updating the Act.

The legislative text in one official language prevails in the event of inconsistencies between the texts.

The use of internal language aids to interpretation is not permitted in statutory bilingualism.

The role of constitutional values is to provide a patina of virtue to otherwise bald, neutral and discrete legal propositions.

Lawyers were schooled in the idea that judges know best and have spoken.

The value-based dimension only involves paying lip service to constitutional values.

The interpretation clause is merely an interpretive directive.

Constitutional values only involve ideologies and power dynamics.

The use of values has been widely accepted and implemented post 1994.

Constitutional values are only considered during the application of the law.

The Constitution does not provide any protections.

The concept of ubuntu is explicitly mentioned in the South African Constitution of 1996.

Ubuntu is an African tradition that focuses on individualism.

The postamble of the English text of 1993 does not mention ubuntu.

The concept of ubuntu is limited to African traditions.

The S v Makwanyane case does not apply ubuntu principles.

Ubuntu translates to 'humanity' and 'morality' in its most fundamental sense.

Ubuntu emphasizes confrontation over conciliation.

Ubuntu is not a useful extra-textual aid to statutory and constitutional interpretation.

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