30 Questions
What is the primary reason why parliamentarians may not fully understand the bills they are voting on?
They are not legal experts, being elected officials instead
What is the main purpose of mentioning the 'intention of the legislature'?
To ascertain and construe the purpose of the legislation
Why might some parliamentarians agree to or vote for legislation despite personal reservations?
Because of party loyalty, despite personal reservations
What is implied about the people who put forward the bills?
They are not necessarily the same people who draft the bills
What is the role of the state law advisors in the legislative process?
They provide legal advice to the parliamentarians
What can be inferred about the 'voting guidelines' laid down by the caucus of the ruling party?
They are used to influence the vote of parliamentarians
What is the primary aim of the Overview Presumption in legislative interpretation?
To ensure that legislation is in line with existing law
What is the consequence of the legislature not intending to alter the common law?
The legislation is presumed to be in conformity with the common law
In which case was the presumption that legislation does not alter the common law reiterated?
Gordon v Standard Merchant Bank
What is the effect of the presumption that legislation does not intend to repeal or modify an earlier Act?
Any amendment to the earlier Act must be provided for explicitly or by necessary implication
What is the purpose of the cessante ratione legis, cessat et ipsa lex rule?
To determine the validity of legislation
What is the rationale behind the principle that legislation should not change the common law more than necessary?
To ensure consistency with existing law
What is the primary focus of deconstruction in the context of statutory interpretation?
Evaluating the role of judicial choices and accountability
What is the assumption underlying the idea that meaning is not discovered in a text but is made in dealing with the text?
Meaning is dependent on the reader's perspective and context
What is the primary goal of questioning existing dogmas, beliefs, and orthodoxies in the context of statutory interpretation?
To allow the law to adapt and change in response to new circumstances
What is the key principle underlying the literal approach to statutory interpretation?
The interpreter should prioritize the literal meaning of the provision over other considerations
In the context of South African statutory interpretation, what is the main difference between the literal and purposive approaches?
The literal approach prioritizes the literal meaning of the provision, while the purposive approach considers the purpose of the legislation
What is the consequence of finding that the meaning of a text is clear, according to the Primary Rule of Interpretation?
The interpreter should equate the meaning of the text with the legislature's intention
What is the primary focus of the objective intention in legislative interpretation?
Replacing the subjective intention of the legislature with an objective one
What is the basis of the Mischief Rule?
Contextual interpretation
According to the Constitutional Court in Saidi v Minister of Home Affairs, what sheds light on the meaning of words?
The context in which the words are used
What is the significance of the Jaga v Dönges case in relation to the Mischief Rule?
It highlights the need to consider the wider context
When interpreting legislation, what should be considered in addition to the literal meaning of the words?
The context in which the words are used and the common law prior to the enactment of the legislation
What is the final step in the interpretation process according to the Mischief Rule?
Applying the meaning of the text and context
What is the approach to interpretation that the court warned against in Thoroughbred Breeders' Association v Price Waterhouse?
Plain-meaning approach
According to the contextual approach, what is the judiciary's role in statutory interpretation?
To modify or adapt the meaning of the legislation only when the purpose and extent are clear
In University of Cape Town v Cape Bar Council, what did the court emphasize as necessary in ascertaining the intention of the legislature?
The examination of all contextual factors
What is the characteristic of the approach to interpretation demonstrated in Mjuqu v Johannesburg City Council?
It utilizes a wide range of available aids and surrounding circumstances
What is the limitation on the judiciary's inherent law-making discretion in statutory interpretation?
The discretion is limited by the prerequisite that the purpose and extent of the legislation must be absolutely clear
What is the significance of the words used in constitutional interpretation, as stressed in Ø S v Zuma?
They are of primary importance
Understand the complexities of the legislative process, including the role of peer pressure, party loyalty, and the limitations of parliamentarians. Explore how decisions are made and bills are passed, despite potential reservations and lack of expertise.
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