Judicial Lawmaking and Statutory Interpretation

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What is the principle of Iudicis est ius dicere sed non dare?

The court and legislature have equal powers.

The court's role is limited to interpreting the law, not making it. (correct)

The legislature has the power to interpret the law.

The court has the power to make laws.

What is the orthodox viewpoint in statutory interpretation?

The court and legislature have equal roles in statutory interpretation.

The court has a creative law-making function.

The legislature has the final say in statutory interpretation.

The court's role is limited to interpreting the law, without making any changes. (correct)

What is the main argument against the court's creative law-making function?

The court does not have the necessary expertise.

The court is not accountable to the people.

The court is usurping the function of the legislature. (correct)

The court is not elected by the people.

According to Pass and Prosper 57 v Du Plessis, what does the court's creative role not mean?

The court takes over the legislative powers of the legislature. Signup and view all the answers

What is the theoretical foundation of the court's law-making role, according to Labuschagne?

The court has a peripheral and subordinate law-making role. Signup and view all the answers

What is the result of the court applying the legislation, according to Labuschagne?

The legislation becomes real and completely functional. Signup and view all the answers

What is the primary goal of statutory interpretation within the framework of the Constitution?

To uphold the aim and purpose of the legislation Signup and view all the answers

What is the role of the Courts in terms of the Constitution?

To give specific content to constitutional values and principles Signup and view all the answers

What is the result of the Constitution providing flexibility to the courts?

The courts have more flexibility in statutory interpretation Signup and view all the answers

What is the core principle underlying modificative interpretation?

The aim and purpose of the legislation must support the modification Signup and view all the answers

What is one of the factors that restricts judicial law-making during statutory interpretation?

Democracy Signup and view all the answers

What is the purpose of considering factors that support and limit judicial law-making during statutory interpretation?

To ensure that the core principle underlying modificative interpretation is upheld Signup and view all the answers

What is the principle that assumes the legislature does not intend to create futile legislation?

Common-law presumption Signup and view all the answers

What occurs when the initial meaning of a text does not fully correspond to the purpose of the legislation?

Modificative interpretation Signup and view all the answers

What is the purpose of Restrictive Interpretation?

To reduce the scope of the legislation to align with its purpose Signup and view all the answers

What does the maxim 'Cessante ratione legis, cessat et ipsa lex' mean?

If the reason for the law ceases, the law itself also falls away Signup and view all the answers

What is the outcome when the reason for a law ceases to exist?

The law remains in force until repealed by the legislature Signup and view all the answers

What was the outcome of the case R v Detody?

The common-law rule that adultery is a crime was abolished Signup and view all the answers

What is the basis for extending legislation to unspecified instances?

Sameness of reason Signup and view all the answers

What is the court's stance on supplying an omission through interpretation by analogy?

It cannot be supplied through interpretation by analogy Signup and view all the answers

What is the limit of the judiciary's discretion in modifying the meaning of legislation?

It is limited to the frame of reference of the purpose Signup and view all the answers

What happens when the court cannot modify the meaning of legislation?

The court will apply the legislation as it reads Signup and view all the answers

What is the consequence of failing to harmonize the text, purpose, and particular facts of a legislation?

Concretisation is defective Signup and view all the answers

What was the applicant's request in the Ex Parte Dow case?

To declare his marriage null and void Signup and view all the answers

What did the plaintiff fail to prove?

That there was another reasonably practicable method of cleaning the dam Signup and view all the answers

How is the Legislature's intention determined?

By evaluating how rights and duties will be exercised Signup and view all the answers

What happens when the use of legislation results in damage to a person's rights or property?

It is clearly the intention of the legislature that it should occur in that way Signup and view all the answers

Why did the plaintiff's claim fail?

Because the plaintiff did not prove there was another reasonably practicable method of cleaning the dam Signup and view all the answers

What is the tone of the disclaimer?

Apologetic and humble Signup and view all the answers