Legal Interpretation: The Golden Rule
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Questions and Answers

The importance of words in constitutional interpretation is stressed in the case of University of Cape Town v Cape Bar Council.

False

The textual approach was adopted in South Africa due to the influence of Roman-Dutch rules.

False

There is a primary, secondary or tertiary hierarchical order of importance of aids in constitutional interpretation.

False

The Roman-Dutch rules of statutory interpretation are purpose-orientated.

<p>True</p> Signup and view all the answers

The court considers only the clear and unambiguous words of the legislation in ascertaining the intention of the legislature.

<p>False</p> Signup and view all the answers

In the case of Union Government v Mack, the court prioritized the principle of legislative intent.

<p>False</p> Signup and view all the answers

The Court advocated for the plain-meaning approach to interpretation in the Thoroughbred Breeders’ Association v Price Waterhouse case.

<p>False</p> Signup and view all the answers

The contextual approach to interpretation involves considering only the literal meaning of the words in the legislation.

<p>False</p> Signup and view all the answers

Farrar's Estate v CIR agrees with the Union Government v Mack case.

<p>True</p> Signup and view all the answers

The judiciary has unlimited law-making discretion during statutory interpretation according to the contextual approach.

<p>False</p> Signup and view all the answers

The case of R v Kirk emphasizes the importance of considering the context of the legislation.

<p>False</p> Signup and view all the answers

The judiciary can modify or adapt the meaning of the legislation even if the purpose and extent are unclear.

<p>False</p> Signup and view all the answers

Engels v Allied Chemical Manufacturers (Pty) Ltd case states that the rules of construction of Acts of Parliament should be based on the intention of the legislature.

<p>True</p> Signup and view all the answers

The textual approach is used to ensure legal uncertainty and ambiguity.

<p>False</p> Signup and view all the answers

Courts have the duty and power to interpret legislation to make sense of it.

<p>True</p> Signup and view all the answers

If a provision is incapable of a reasonable interpretation, it should be upheld as constitutional.

<p>False</p> Signup and view all the answers

The issue in the appeal is how section 4(q) of the Income Tax Act is to be construed.

<p>False</p> Signup and view all the answers

The judgment emphasizes the importance of transformation during the interpretation process.

<p>True</p> Signup and view all the answers

The Constitution is not the Supreme Law of the Republic.

<p>False</p> Signup and view all the answers

The 'intention of the legislature' is not considered during the interpretation process.

<p>False</p> Signup and view all the answers

The Commissioner for the South African Revenue Service v The Executor of the Estate of the Late Waldo Earl Frith is not related to the Estate Duty Act.

<p>False</p> Signup and view all the answers

The Golden Rule of Interpretation involves deviating from the literal meaning of words to avoid absurd results.

<p>True</p> Signup and view all the answers

Tertiary aids to construction include long titles and headings.

<p>False</p> Signup and view all the answers

The doctrine of legal positivism influenced the literal approach in England.

<p>True</p> Signup and view all the answers

The common law tradition allowed courts to be highly restrictive in their interpretation of legislation.

<p>False</p> Signup and view all the answers

The Golden Rule of Interpretation involves using secondary aids to construction first.

<p>False</p> Signup and view all the answers

Venter v R is a notable case that illustrates the literal approach to interpretation.

<p>False</p> Signup and view all the answers

The author of these notes claims to have made them perfect.

<p>False</p> Signup and view all the answers

The provisions of Section 39(2) impose a two-fold proposition that prioritizes the literal meaning of the words in the legislation.

<p>False</p> Signup and view all the answers

The Preamble of the Constitution provides for democratic values, social justice, and fundamental human rights.

<p>True</p> Signup and view all the answers

The Chisuse judgement emphasizes the need for transformative interpretation in line with the goal of achieving equality.

<p>True</p> Signup and view all the answers

According to the Constitution, transformation is a one-time event.

<p>False</p> Signup and view all the answers

The contextual approach to interpretation involves considering only the plain meaning of the words in the legislation.

<p>False</p> Signup and view all the answers

Courts have unlimited discretion in interpreting the Constitution.

<p>False</p> Signup and view all the answers

The judiciary has a mechanical role in interpreting the Constitution.

<p>False</p> Signup and view all the answers

The Constitution prioritizes the principle of legislative intent during interpretation.

<p>False</p> Signup and view all the answers

The Preamble of the Constitution is not relevant to the interpretation of statutes.

<p>False</p> Signup and view all the answers

Transformation is not a goal of the Constitution.

<p>False</p> Signup and view all the answers

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