Statutory Interpretation Principles
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Statutory Interpretation Principles

Test your understanding of key principles in statutory interpretation, including the role of the court and the importance of adhering to the original wording of legislation. Learn about the principles established in key cases, such as Keyter v Minister of Agriculture and Secretary for Inland Revenue v Somers Vine.

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@LucrativeToucan

Questions and Answers

The court's function is to give effect to every word in the legislation, regardless of the circumstances.

False

The principle of assigning a meaning to every word is absolute in the interpretation of legislation.

False

Additions or subtractions can be made to the words used in the legislation to clarify their meaning.

False

The law is always static and does not change over time.

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

The ordinary meaning of the text when it was enacted must always be given effect to, regardless of later developments.

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

The courts have always been flexible in interpreting the purpose of the Act to deal with new technologies.

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

The English version of the legislative text prevails in the event of inconsistencies between the texts in all cases.

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

Statutory bilingualism allows the use of the other official language to clarify obscurities in the legislative text.

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

The court's duty is to read the section of the Act with regard to the meaning of the words used in the section only.

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

The purposive approach to statutory interpretation is based solely on the legislative context.

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

Punctuation can affect the meaning of the text.

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

The court's role is to ascertain the will of the judiciary and state its legal effect with reference to the facts of the particular case.

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

The court should consider the language of the rest of the statute when interpreting a section.

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

The passage suggests that a rigid and legalistic text-based approach to statutory interpretation is the most effective method.

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

The court's ultimate goal is to determine the will of the executive and state its legal effect with reference to the facts of the particular case.

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

The court should ignore the contextual scene when interpreting a section of the Act.

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

The principle of legality is not implied within the terms of the interim Constitution.

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

If the state would be affected by penal provisions, it will be bound by legislation.

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

The principle of legality and the rule of law have the same content.

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

The state's liability is automatically excluded if it is not bound by legislation.

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

The provision that the government's operations are not hampered by legislation is a form of lawlessness.

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

The court in Evans v Schoeman mentioned that the state will always be bound by legislation.

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

The principle of legality only applies to the Legislature.

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

The Teleological Dimension is related to the principle of legality.

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

The Contemporanea Expositio refers to the established use or custom of legislation after its adoption.

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

Subsecuta Observatio is an explanation of legislation by a person involved in its adoption.

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

The Comparative Dimension involves the examination of international law and the constitutional decisions of foreign courts.

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

The South African Constitution is an international instrument.

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

The long-term use of a measure is always the deciding factor in interpreting legislation.

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

Explanatory Memoranda are issued by government departments and state law advisors.

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

The Comparative Dimension is only used when there is a conflict between interpretations of legislation.

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

The court must consider the history and circumstances of South Africa when construing the Constitution.

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

According to the principles of international human rights and foreign law, a direct application is required without considering the South African context.

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

Courts are bound to follow international law and foreign case law in their decisions.

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

International treaties become South African law automatically upon signing.

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

Customary international law is not applicable in South Africa if it contradicts the Constitution.

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

Courts can never use foreign law to interpret South African legislation.

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

The courts have a duty to prefer an interpretation of legislation that violates international law.

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

International law and foreign case law have no role to play in the interpretation of South African legislation.

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

South African courts have always ignored foreign law in their decisions.

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

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