40 Questions
What happens if the plain meaning of the words is ambiguous, vague or misleading?
The court may deviate from the literal meaning to avoid absurdity.
What are the secondary aids used to clarify the intention of the legislature?
Long title, headings, and text in the other official language.
What doctrine influenced the adoption of the literal approach in England?
The doctrine of legal positivism.
What is the reason for the textual approach in England?
To follow the will of the legislature as recorded in the text.
What is the purpose of tertiary aids to construction?
To help in cases where secondary aids are insufficient.
What is the common law tradition allowed courts to do?
Be creative with regard to the common law.
What is the result of a strict literal interpretation in some cases?
Absurd results.
What is the objective of the Golden Rule of Interpretation?
To avoid absurd results and ensure a fair interpretation.
What is a consequence of the textual approach?
A statute may not be extended to meet a case for which provision has clearly and undoubtedly not been made.
What principle guides the textual approach?
The golden rule is that the court may deviate from the literal meaning only if the words are unclear, ambiguous or result in absurdity.
What is the textual approach derived from?
Legal positivism
What is the result of adopting the textual approach?
There is very little room for judicial law-making.
What confirms the adoption of the textual approach in South Africa?
Mack, Dadoo Ltd and Farrar’s Estate
What is the ordinary, grammatical meaning of the text decisive in determining?
The legislature’s intention
What is a criticism of the textual approach?
It is too narrow.
What is a limitation of the literal approach?
It is inherently subjective and depends on the interpreter’s understanding of the words.
What is the primary function of a court according to the Maxim 'Iudicis est ius dicere sed non dare'?
To interpret laws
What is the effect of Section 39 of the Constitution on the rule 'Iudicis est ius dicere sed non dare'?
It makes the rule redundant
What is the underlying principle of the textual approach?
Literal interpretation
What is the outcome of the judgment in Harris v Law Society of the Cape of Good Hope?
The court is not allowed to make laws
What is the primary consideration in the text-in-context approach?
The purpose or object of the legislation
What is the limitation of a purposive approach as stated by the Constitutional Court?
It does not allow the court to distort the ordinary meaning of words beyond that which they are reasonably capable of bearing
What is the ruling in Smallberger in Public Carriers Association v Toll Road Concessionaries?
The court is bound by the clear letter of the law
What is the relationship between the grammatical, literal meaning and the overall contextual meaning in the text-in-context approach?
They are complementary
What Act amended the South African Citizenship Act in 2010?
South African Citizenship Amendment Act 17
What is the main issue in the Pass and Prosper Case Law 41 case?
Deprivation of citizenship due to descent
What is the purpose of the purposive interpretation?
To interpret the Constitution in line with its purpose
What is the main provision that protects citizens from deprivation of citizenship?
Section 20 of the Constitution
What is the key consideration in the approach to interpretation?
Determining the meaning and then determining if it is in line with the Constitution
What is the main issue with Section 2(1) of the amended Citizenship Act?
It deprives citizenship acquired by descent
What is the purpose of Section 3 of the 1995 Citizenship Act?
To register births of South African citizens born outside the Republic
What is the main challenge in the Pass and Prosper Case Law 41 case?
The interaction of three different provisions in different Acts
What is the primary goal of transformative interpretation?
To achieve equality and social justice
What is the role of the Preamble in interpretation?
To outline the fundamental principles of the Constitution
What is the purpose of Section 39(2)?
To promote the values enshrined in the Bill of Rights
What is the significance of the Chisuse judgement?
It highlighted the need for transformative interpretation
What is the role of the courts in relation to the Constitution?
To protect the values enshrined in the Constitution
What is the significance of the values enshrined in the Bill of Rights?
They are the guiding principles for interpretation
What is the outcome of using values in the Constitution during interpretation?
A transformative approach to interpretation
What is the significance of the Constitution's provisions?
They are the guiding principles for interpretation
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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