Legislation Structure and Interpretation

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What is the primary role of constitutional values according to the text?

To ensure the letter of the law is followed

To provide a patina of virtue to legal propositions

To inform legal institutions and decisions with new power (correct)

To deviate from the positivist idea of parliamentary supremacy

What has been the challenge in using values in the legal system post-1994?

The value-based dimension is too vague

Lawyers have been too willing to deviate from the letter of the law

Lawyers have been schooled in the positivist idea of parliamentary supremacy (correct)

The Constitution does not provide clear guidance on values

What does the value-based dimension involve?

Ignoring the power dynamics in legal decisions

Focusing solely on the letter of the law

Making those values real through the making, interpretation, and application of the law (correct)

Only paying lip service to constitutional values

What is the significance of the interpretation clause in Hlomisa v Argus Newspapers Ltd?

It is a force that informs all legal institutions and decisions with new power Signup and view all the answers

What is required to make constitutional values a reality in the legal system?

A willingness to keep those values in mind from the outset Signup and view all the answers

What is the outcome of incorporating constitutional values into the legal system?

A more nuanced and contextual approach to legal decisions Signup and view all the answers

What is the primary purpose of the Preamble in a statute?

To outline the broad principles of the legislation Signup and view all the answers

What is the role of Headings to Chapters and Sections in statutory interpretation?

To determine the purpose of the legislation in unclear cases Signup and view all the answers

How do Schedules relate to sections of an Act?

Schedules have the same force of law as sections of an Act Signup and view all the answers

What is the significance of the Definition Clause in statutory interpretation?

It acts as an internal dictionary, unless context and purpose suggest otherwise Signup and view all the answers

What is the role of External Language Aids to Interpretation in statutory interpretation?

They are only guidelines in interpretation Signup and view all the answers

What happens in case of a conflict between a Schedule and a section of an Act?

The section prevails over the Schedule Signup and view all the answers

What is the basis of the values that guide the legal process in South Africa?

The concept of an open and democratic society based on freedom and equality Signup and view all the answers

What is the purpose of the notion of an open and democratic society?

To furnish the matrix of deals within which we work Signup and view all the answers

What is the relationship between the values underlying the guarantees of fundamental rights and the circumstances of the particular case?

Synergetic Signup and view all the answers

What is ubuntu?

A practical humanist disposition towards the world, including compassion, tolerance and fairness Signup and view all the answers

Why is it important to consider the values underlying the guarantees of fundamental rights?

To ensure that the legitimacy of impugned norms and conduct is tested Signup and view all the answers

What is the significance of the Constitutional values?

They furnish the matrix of deals within which we work Signup and view all the answers

What is the relationship between South African courts and international law?

International law can be used as a guideline, but only if it does not contravene the Constitution or South African common law Signup and view all the answers

How does an international treaty become part of South African law?

When it is enacted into law by national legislation Signup and view all the answers

What is the status of customary international law in South Africa?

It is law unless it is inconsistent with the Constitution or an Act Signup and view all the answers

What is the purpose of Section 233 of the Constitution?

To confirm that legislation does not violate international law Signup and view all the answers

What is the limitation on using foreign law in South African courts?

It can only be used as a guideline if it does not contravene the Constitution or South African common law Signup and view all the answers

What is the approach that South African courts should take when interpreting legislation in relation to international law?

They should prefer a reasonable interpretation that does not contravene international law Signup and view all the answers

Who is likely to provide an explanation of legislation shortly after its adoption?

Government officials involved in the adoption of the legislation Signup and view all the answers

What is Subsecuta Observatio?

Established use or custom that may originate at any time after the adoption of legislation Signup and view all the answers

What is the significance of long-term use in Subsecuta Observatio?

It may be the deciding factor where more than one interpretation is possible Signup and view all the answers

What is the purpose of the Comparative Dimension?

To examine international law and the constitutional decisions of foreign courts Signup and view all the answers

What is the limitation of the Comparative Dimension?

It must be done with due regard to our legal system, history, and circumstances Signup and view all the answers

What is the context in which the Comparative Dimension is prescribed?

Section 39(1) of the Constitution Signup and view all the answers