South African Law: Statutory Interpretation Cases
40 Questions
2 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

The court's function is to ignore some words in the legislation.

False

The principle that a meaning should be assigned to every word is absolute.

False

Additions or subtractions from the words used in the legislation are allowed.

False

The law is static and never changes over time.

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

The ordinary meaning of the text when it was enacted is always given effect to.

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

The courts interpret the Act narrowly and do not consider new technologies.

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

Statutory bilingualism involves using only one official language.

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

In the event of inconsistencies, the original language of the legislation will prevail.

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

The court in Sigacu v Sigacu held that 'ordinary meaning' includes the literal grammatical meaning.

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

The Association of Amusement & Novelty Machine Operators v Minister of Justice case ruled that 'ordinary meaning' is equivalent to technical terms.

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

The Natal Joint Municipal Pension Fund v Endumeni Municipality case emphasized the importance of considering the language aspect as the primary point of departure.

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

The Savage v CIR Disclaimer case highlighted the importance of considering the background to the preparation and production of the document in interpretation.

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

The Pass and Prosper 45 case warned against the danger of elevating the literal meaning of a word to a fundamental principle of interpretation.

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

All words in legislation are considered redundant and can be omitted.

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

Repetition in legislation can be omitted in interpretation.

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

The principle that a meaning must be assigned to every word derives from the rule that words are to be understood according to their literal meaning.

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

Punctuation is not considered during interpretation.

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

The Subsidiarity Principle states that constitutional issues should be addressed first.

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

The Constitution is the supreme law and all law derives its force from it.

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

There are two separate systems of law, each with its own highest court.

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

Courts should always declare legislation unconstitutional if possible.

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

The legislature does not consider punctuation during the creation of laws.

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

The Subsidiarity Principle is only applicable in criminal cases.

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

Courts must always address constitutional issues first.

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

The constitutionality of the common-law presumption has already been tested.

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

Government agencies and organs of state should never be bound by their own legislation.

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

The new constitutional approach to statutory interpretation is also known as the literal approach.

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

The aim and purpose of the provisions are not considered in the new constitutional approach to statutory interpretation.

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

The values of the Constitution are weak and implicit.

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

The letter and the spirit of the Constitution can be separated.

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

The new constitutional approach to statutory interpretation ignores the values embodied in the Constitution.

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

The constitution is designed to be a flexible document.

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

The notion of an open and democratic society is merely aspirational or decorative.

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

The Constitutional values are used as a guideline when it suits.

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

Ubuntu is an indigenous African concept that refers to a practical humanist disposition towards the world.

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

The concept of an open and democratic society is based on freedom and inequality.

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

The values that suffuse the whole process are derived from the concept of an authoritarian society.

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

The final measure used for testing the legitimacy of impugned norms and conduct is the Constitution.

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

The Constitutional values are not considered when making decisions.

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

Ubuntu is an express provision in the new constitution.

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

More Like This

Use Quizgecko on...
Browser
Browser