30 Questions
What is the primary approach in interpreting the language of legislation?
Attaching the ordinary meaning to words
What happens when the purpose of the legislation is considered in the interpretation process?
It qualifies the meaning of the text
What is the significance of the legislation as a whole in the interpretation process?
It plays an important role in the interpretation process
What is the starting point of the interpretation process?
Attaching the ordinary meaning to words
What is the most important rule of interpretation according to Volschenk v Volschenk?
Giving words their ordinary, literal meaning
What is the role of fundamental rights in the Constitution in the interpretation process?
They qualify the meaning of the text
What is the primary function of the court according to the principle stated in Keyter v Minister of Agriculture?
To give effect to every word in the legislation
What is the basic principle when interpreting legislation?
That there may be no addition to or subtraction from the words used in the legislation
What is the purpose of considering the time-frame of legislation?
To ensure that the law is always speaking
According to Finbro Furnishers (Pty) Ltd v Registrar of Deeds, what should be given effect to initially?
The ordinary meaning given when the text was enacted
What was the approach of the courts in Golden China TV Game Centre v Nintendo Co Ltd?
To consider the purpose of the Act and interpret it flexibly
What is the role of the other official language in statutory bilingualism?
To clarify obscurities in the legislative text
What is the primary consideration of the court when interpreting a section of the Act?
The contextual scene, including the language of the rest of the statute
What is the ultimate goal of the court when interpreting a statute?
To ascertain the will of the legislature and state its legal effect
What is the main difference between the text-based approach and the purposive approach to statutory interpretation?
The text-based approach is more rigid and legalistic, while the purposive approach is more flexible and adaptable
What is the significance of punctuation in statutory interpretation?
It can affect the meaning of the text
What is the relationship between the grammatical usage of the words and the contextual scene in statutory interpretation?
The grammatical usage of the words and the contextual scene are equally important
What is the significance of the background and purpose of the statute in statutory interpretation?
It is relevant, but only within limits
What was the ruling in Skipper International v SA Textile and Allied Workers' Union?
Punctuation must be considered during interpretation
What is the principle stated in S v Mhlungu?
Where possible, decide cases without reaching a constitutional issue
What is the concept described in the Pharmaceuticals case?
Single system of law derived from the Constitution
What is the goal of competent courts in constitutional review?
To try to keep legislation constitutional if reasonably possible
What is the relationship between the Constitution and the common law?
The Constitution is the supreme law and the common law derives its force from it
What is the principle underlying the concept of avoiding unconstitutionality?
One should try to avoid reaching a constitutional issue
What is the primary purpose of the court's interpretation of legislative text?
To avoid an interpretation that negates part of the legislative text
What is the foundation of the presumption that legislation does not contain invalid or purposeless provisions?
The acknowledgement that legislation has a functional purpose and object
What happens when there is a conflict between national and provincial legislation?
The national legislation generally prevails
What is the basis of the presumption that government bodies are not bound by their own legislation?
The concept of the King can do no Wrong
What is the general rule regarding government bodies and their own legislation?
Government bodies are presumed not to be bound by their own legislation, unless the legislation provides otherwise
What is the purpose of Sections 146-150 of the Constitution?
To resolve conflicts between national and provincial legislation
Test your understanding of the principles of language interpretation in legislation, including the ordinary meaning and context of the legislation. Learn about the four rules and how to apply them in practical scenarios.
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