Legal Interpretation: Theoretical Foundations Study Theme 5 Class Notes Quiz

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What is one of the reasons for the poor state of statutory interpretation in South Africa?

Lack of a sound theoretical basis for the discipline

What does legal interpretation involve scrutinizing?

Legal texts such as statutes, constitutions, and case laws

Define Hermeneutics.

The science of understanding or the theory of the interpretation of texts

What is the goal of introducing standard formulations in legal interpretation methods?

To provide a brief overview, not an in-depth analysis Signup and view all the answers

What does the linguistic turn in legal interpretation suggest?

Meaning is not discovered in a text, but is made in dealing with the text. Signup and view all the answers

What are the two main approaches to statutory interpretation?

Literal (text-based) approach and purposive (text-in-context) approach. Signup and view all the answers

What is the primary rule of interpretation in the orthodox text-based approach?

If the meaning of the text is clear (the plain meaning) it should be applied and equated with the legislature’s intention. Signup and view all the answers

When can the court deviate from the literal meaning in the orthodox approach?

If the plain meaning of the words is ambiguous, vague, misleading, or if a strict literal interpretation would result in absurdity. Signup and view all the answers

What are the secondary aids that the court may turn to in statutory interpretation?

Long titles, headings, chapters, sections, other official language. Signup and view all the answers

What are the tertiary aids that can be used in statutory interpretation?

Common law presumptions. Signup and view all the answers

What is the role of the context of the legislative text according to the text?

The role of the context is reduced to a mere inanity, only to be looked at if the text proves unclear. Signup and view all the answers

Under what circumstances will the interpreter have recourse to aids for interpretation?

The interpreter will have recourse to aids if the textual meaning is ambiguous or unclear. Signup and view all the answers

What is excluded from the process of reaching a just and meaningful conclusion, increasing the risk of incorrect concretisation?

The data necessary to reach a just and meaningful conclusion. Signup and view all the answers

What is the ultimate dependency of the 'intention of the legislature' according to the text?

The court's decision on the clarity of the particular legislative text. Signup and view all the answers

Are legislative texts often clear and unambiguous according to the text?

No, few legislative texts are so clear that only one interpretation is possible. Signup and view all the answers

What does the existence of a discipline like interpretation of statutes imply about legislative texts?

That legislative texts are seldom clear and unambiguous. Signup and view all the answers

What must be taken into account irrespective of how clear or unambiguous the legislative text is?

relevant contextual factors Signup and view all the answers

According to the textual-literalist approach, is there a hierarchical order of importance for aids in interpretation?

No Signup and view all the answers

In S v Zuma, what was stressed regarding words in constitutional interpretation?

importance of words Signup and view all the answers

When interpreting legislative texts, what may sometimes be more important than the actual grammatical meaning?

wider context Signup and view all the answers

What must be done once the meaning of the text and context is determined, regardless of the interpreter's opinion?

applied Signup and view all the answers

Which case can be regarded as almost a model of the contextual approach in interpreting legislation?

Mjuqu v Johannesburg City Council Signup and view all the answers

What is the dominant factor in interpreting legislation according to the purpose-oriented approach?

The purpose or object of the legislation. Signup and view all the answers

Why did the English rules of interpretation start to play an increasing role in South Africa?

Due to the majority of South African jurists being trained in England. Signup and view all the answers

How does the purpose-oriented approach establish a balance in interpreting legislation?

By considering the context of the legislation, including social factors and political policy directions. Signup and view all the answers

In the text, what does Smallberger accept about the literal interpretation principle?

That it is firmly entrenched in our law and he does not seek to challenge it. Signup and view all the answers

What influenced South African law after the British occupation of the Cape?

English law. Signup and view all the answers

What approach recognizes the contextual framework of the legislation from the outset?

Purposive approach. Signup and view all the answers