Legal Interpretation Rules
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Questions and Answers

What happens if the plain meaning of the words is ambiguous, vague or misleading?

  • The court uses only tertiary aids to construction.
  • The court must ask the legislature to clarify the meaning.
  • The court must strictly follow the literal meaning.
  • The court may deviate from the literal meaning to avoid absurdity. (correct)

    • What are the secondary aids used to clarify the intention of the legislature?

  • Judicial precedents and historical records.
  • Long title, headings, and common law presumptions.
  • Long title, headings, and text in the other official language. (correct)
  • Common law presumptions and sovereign immunity.

    • What doctrine influenced the adoption of the literal approach in England?

  • The doctrine of legal positivism. (correct)
  • The doctrine of judicial activism.
  • The doctrine of natural justice.
  • The doctrine of strict constructionism.

    • What is the reason for the textual approach in England?

    <p>To follow the will of the legislature as recorded in the text.</p> Signup and view all the answers

    What is the purpose of tertiary aids to construction?

    <p>To help in cases where secondary aids are insufficient.</p> Signup and view all the answers

    What is the common law tradition allowed courts to do?

    <p>Be creative with regard to the common law.</p> Signup and view all the answers

    What is the result of a strict literal interpretation in some cases?

    <p>Absurd results.</p> Signup and view all the answers

    What is the objective of the Golden Rule of Interpretation?

    <p>To avoid absurd results and ensure a fair interpretation.</p> Signup and view all the answers

    What is a consequence of the textual approach?

    <p>A statute may not be extended to meet a case for which provision has clearly and undoubtedly not been made.</p> Signup and view all the answers

    What principle guides the textual approach?

    <p>The golden rule is that the court may deviate from the literal meaning only if the words are unclear, ambiguous or result in absurdity.</p> Signup and view all the answers

    What is the textual approach derived from?

    <p>Legal positivism</p> Signup and view all the answers

    What is the result of adopting the textual approach?

    <p>There is very little room for judicial law-making.</p> Signup and view all the answers

    What confirms the adoption of the textual approach in South Africa?

    <p>Mack, Dadoo Ltd and Farrar’s Estate</p> Signup and view all the answers

    What is the ordinary, grammatical meaning of the text decisive in determining?

    <p>The legislature’s intention</p> Signup and view all the answers

    What is a criticism of the textual approach?

    <p>It is too narrow.</p> Signup and view all the answers

    What is a limitation of the literal approach?

    <p>It is inherently subjective and depends on the interpreter’s understanding of the words.</p> Signup and view all the answers

    What is the primary function of a court according to the Maxim 'Iudicis est ius dicere sed non dare'?

    <p>To interpret laws</p> Signup and view all the answers

    What is the effect of Section 39 of the Constitution on the rule 'Iudicis est ius dicere sed non dare'?

    <p>It makes the rule redundant</p> Signup and view all the answers

    What is the underlying principle of the textual approach?

    <p>Literal interpretation</p> Signup and view all the answers

    What is the outcome of the judgment in Harris v Law Society of the Cape of Good Hope?

    <p>The court is not allowed to make laws</p> Signup and view all the answers

    What is the primary consideration in the text-in-context approach?

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

    What is the limitation of a purposive approach as stated by the Constitutional Court?

    <p>It does not allow the court to distort the ordinary meaning of words beyond that which they are reasonably capable of bearing</p> Signup and view all the answers

    What is the ruling in Smallberger in Public Carriers Association v Toll Road Concessionaries?

    <p>The court is bound by the clear letter of the law</p> Signup and view all the answers

    What is the relationship between the grammatical, literal meaning and the overall contextual meaning in the text-in-context approach?

    <p>They are complementary</p> Signup and view all the answers

    What Act amended the South African Citizenship Act in 2010?

    <p>South African Citizenship Amendment Act 17</p> Signup and view all the answers

    What is the main issue in the Pass and Prosper Case Law 41 case?

    <p>Deprivation of citizenship due to descent</p> Signup and view all the answers

    What is the purpose of the purposive interpretation?

    <p>To interpret the Constitution in line with its purpose</p> Signup and view all the answers

    What is the main provision that protects citizens from deprivation of citizenship?

    <p>Section 20 of the Constitution</p> Signup and view all the answers

    What is the key consideration in the approach to interpretation?

    <p>Determining the meaning and then determining if it is in line with the Constitution</p> Signup and view all the answers

    What is the main issue with Section 2(1) of the amended Citizenship Act?

    <p>It deprives citizenship acquired by descent</p> Signup and view all the answers

    What is the purpose of Section 3 of the 1995 Citizenship Act?

    <p>To register births of South African citizens born outside the Republic</p> Signup and view all the answers

    What is the main challenge in the Pass and Prosper Case Law 41 case?

    <p>The interaction of three different provisions in different Acts</p> Signup and view all the answers

    What is the primary goal of transformative interpretation?

    <p>To achieve equality and social justice</p> Signup and view all the answers

    What is the role of the Preamble in interpretation?

    <p>To outline the fundamental principles of the Constitution</p> Signup and view all the answers

    What is the purpose of Section 39(2)?

    <p>To promote the values enshrined in the Bill of Rights</p> Signup and view all the answers

    What is the significance of the Chisuse judgement?

    <p>It highlighted the need for transformative interpretation</p> Signup and view all the answers

    What is the role of the courts in relation to the Constitution?

    <p>To protect the values enshrined in the Constitution</p> Signup and view all the answers

    What is the significance of the values enshrined in the Bill of Rights?

    <p>They are the guiding principles for interpretation</p> Signup and view all the answers

    What is the outcome of using values in the Constitution during interpretation?

    <p>A transformative approach to interpretation</p> Signup and view all the answers

    What is the significance of the Constitution's provisions?

    <p>They are the guiding principles for interpretation</p> Signup and view all the answers

    Study Notes

    Golden Rule of Interpretation

    • Courts may deviate from plain literal meanings if they are ambiguous, vague, or lead to absurd results.
    • Secondary aids (long titles, headings, translations) are used to clarify legislative intent when necessary.

    Tertiary Aids

    • When secondary aids are insufficient, courts resort to tertiary aids like common law presumptions.

    Factors Influencing the Textual Approach in England

    • Misconceptions about separation of powers led to limiting courts to interpreting legislative intent as recorded.
    • Legal positivism shaped the adoption of the literal interpretation.
    • Common law tradition favors minimal alterations to established law, treating legislation as an exception.

    Textual Approach Principles

    • Clear word meanings are assumed to reflect legislative intent.
    • Deviating from literal meaning is only warranted under unclear, ambiguous, or absurd circumstances.
    • The approach is rooted in legal positivism with limited judicial law-making.
    • Mack, Dadoo Ltd, and Farrar’s Estate affirm the textual approach in South Africa.
    • R v Kirk highlights that the ordinary grammatical meaning is vital in determining legislative intent.
    • The plain meaning approach was established in South African Law via De Villiers v Cape Divisional Council.

    Criticisms of the Textual Approach

    • Context and presumptions are often overlooked.
    • The approach might be overly restrictive.

    Subjectivity of the Literal Approach

    • The interpretation depends on the interpreter’s understanding, with few texts being unambiguously clear.
    • Textual approach limits judicial lawmaking, reinforcing the idea of interpretation without law-making.
    • Iudicis est ius dicere sed non dare emphasizes courts' role as interpreters rather than creators of law.
    • Courts adhere to clear law mandates; only the legislature can amend legislative deficiencies.

    Constitutional Considerations

    • Section 39 of the Constitution undermines the strictness of the literal interpretation principle.
    • Some courts still cling to traditional approaches despite constitutional updates.

    Text-in-Context Approach

    • Interpretation prioritizes the purpose of legislation as the core factor.
    • Balances grammatical, literal meanings with the overall purpose and context during interpretation.

    Case Law Examples

    • South African Police Service v Public Servants Association: Purposive interpretation is confirmed as essential for valid legislative understanding.
    • Chisuse and others v Director General: Examines citizenship under the South African Citizenship Act, emphasizing purposive interpretation.
    • S v Makwanyane: Highlights the importance of Constitutional values in interpretation, moving away from mechanical approaches.

    Constitutional Interpretation Requirements

    • Courts must ensure that interpretations align with constitutional values, promoting equality and transformative justice.
    • Interpretative efforts must advance identifiable values in the Bill of Rights and align with the Constitution’s intentions.

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    Related Documents

    Theme 5 Theoretical Foundations PDF

    Description

    Test your understanding of the Golden Rule of Interpretation and tertiary aids in legal interpretation. Learn how courts deviate from literal meaning to avoid absurdity and use secondary aids to ascertain intention. Check your knowledge of legal principles and rules.

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