Podcast
Questions and Answers
What was the goal of drafting English legislation?
What was the goal of drafting English legislation?
- To be as precise and as detailed as possible to ensure legal certainty (correct)
- To ensure legal uncertainty
- To cover a limited number of possible future cases
- To favour the purpose-orientated or functional approach
What approach was favoured by the Roman-Dutch rules?
What approach was favoured by the Roman-Dutch rules?
- The textual approach
- The purpose-orientated or functional approach (correct)
- The intent-based approach
- The literal approach
What was held in the case of De Villiers v Cape Divisional Council?
What was held in the case of De Villiers v Cape Divisional Council?
- The textual approach should not be used
- Legislation adopted after the British occupation should be interpreted in accordance with the English rules of statutory interpretation (correct)
- Legislation adopted after the British occupation should be interpreted in accordance with the Roman-Dutch rules
- The purpose-orientated or functional approach should be used
What was the ruling in the case of Union Government v Mack?
What was the ruling in the case of Union Government v Mack?
What was the ruling in the case of Farrar’s Estate v CIR?
What was the ruling in the case of Farrar’s Estate v CIR?
What is stated in the rules of construction of Acts of Parliament?
What is stated in the rules of construction of Acts of Parliament?
What is the primary function of the court according to the Maxim: Iudicis est ius dicere sed non dare?
What is the primary function of the court according to the Maxim: Iudicis est ius dicere sed non dare?
What does the phrase 'Iudicis est ius dicere sed non dare' mean in English?
What does the phrase 'Iudicis est ius dicere sed non dare' mean in English?
According to the textual approach, what is the role of the court in interpreting legislation?
According to the textual approach, what is the role of the court in interpreting legislation?
What does Section 39 of the Constitution state regarding the interpretation of legislation?
What does Section 39 of the Constitution state regarding the interpretation of legislation?
What is the main emphasis in constitutional interpretation, according to the case of S v Zuma?
What is the main emphasis in constitutional interpretation, according to the case of S v Zuma?
What is the primary focus of the text-in-context approach to interpretation?
What is the primary focus of the text-in-context approach to interpretation?
What is the approach to interpretation warned against in the Thoroughbred Breeders' Association v Price Waterhouse case?
What is the approach to interpretation warned against in the Thoroughbred Breeders' Association v Price Waterhouse case?
What is the characteristic of the case of Mjuqu v Johannesburg City Council?
What is the characteristic of the case of Mjuqu v Johannesburg City Council?
What did the Constitutional Court hold regarding the purposive approach to interpretation?
What did the Constitutional Court hold regarding the purposive approach to interpretation?
What is the view of the contextual interpreters regarding the judiciary's role in statutory interpretation?
What is the view of the contextual interpreters regarding the judiciary's role in statutory interpretation?
What is the prerequisite for the judiciary to modify or adapt the meaning of legislation during statutory interpretation?
What is the prerequisite for the judiciary to modify or adapt the meaning of legislation during statutory interpretation?
What is the approach to interpretation emphasized in the University of Cape Town v Cape Bar Council case?
What is the approach to interpretation emphasized in the University of Cape Town v Cape Bar Council case?
What is the main concern of the Pass and Prosper Case Law?
What is the main concern of the Pass and Prosper Case Law?
Which section of the South African Citizenship Act is being challenged in this case?
Which section of the South African Citizenship Act is being challenged in this case?
What is the main principle of the South African Constitution according to section 3?
What is the main principle of the South African Constitution according to section 3?
What is the purpose of the proper approach to interpretation?
What is the purpose of the proper approach to interpretation?
What is the consequence of the interaction of the three provisions in different Acts?
What is the consequence of the interaction of the three provisions in different Acts?
What is the main principle of section 20 of the Constitution?
What is the main principle of section 20 of the Constitution?
What is the role of the courts in interpreting legislation?
What is the role of the courts in interpreting legislation?
What is the significance of the Constitutional Supremacy in the interpretation of legislation?
What is the significance of the Constitutional Supremacy in the interpretation of legislation?
What approach is favoured in the post-1994 Constitution?
What approach is favoured in the post-1994 Constitution?
What is the significance of Section 39 in the interpretation of legislation?
What is the significance of Section 39 in the interpretation of legislation?
What is the role of presumptions and aids to interpretation in the contextual interpretation process?
What is the role of presumptions and aids to interpretation in the contextual interpretation process?
What is the difference between the pre-1994 and post-1994 Constitution in terms of interpretation?
What is the difference between the pre-1994 and post-1994 Constitution in terms of interpretation?
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