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Questions and Answers
What is the primary focus of the purposive approach in statutory interpretation?
What is the primary focus of the purposive approach in statutory interpretation?
- Examining the historical background of the statute
- Determining the purpose of the provision and its context (correct)
- Establishing the intent of the legislator
- Analyzing the grammatical structure of the provision
What aspect of the statute is considered when analyzing its context?
What aspect of the statute is considered when analyzing its context?
- Only its historical origins
- Only its immediate context in the statute
- The provision's grammatical structure and syntax
- The statute as a whole, including its subject matter, broad objects, and underlying values (correct)
Why is it essential to consider the immediate context of the provision?
Why is it essential to consider the immediate context of the provision?
- To examine the historical background of the statute
- To understand the provision's grammatical structure
- To determine the provision's purpose and its relation to other provisions (correct)
- To establish the intent of the legislator
What is the relationship between the provision's wording and its interpretation?
What is the relationship between the provision's wording and its interpretation?
What is the primary goal of the purposive approach in statutory interpretation?
What is the primary goal of the purposive approach in statutory interpretation?
What is the significance of considering the values underlying the statute?
What is the significance of considering the values underlying the statute?
How does the purposive approach differ from other approaches to statutory interpretation?
How does the purposive approach differ from other approaches to statutory interpretation?
What is the central idea behind the purposive approach in statutory interpretation?
What is the central idea behind the purposive approach in statutory interpretation?
What is the primary reason for the lack of authority in statutory interpretation in South Africa?
What is the primary reason for the lack of authority in statutory interpretation in South Africa?
What is the core objective of introducing various methods of legal interpretation?
What is the core objective of introducing various methods of legal interpretation?
What is the primary criticism of the textual approach in South Africa?
What is the primary criticism of the textual approach in South Africa?
What is a characteristic of the text-in-context approach?
What is a characteristic of the text-in-context approach?
What is a key principle of the Supreme Constitution in South Africa?
What is a key principle of the Supreme Constitution in South Africa?
What is the goal of the mischief rule in statutory interpretation?
What is the goal of the mischief rule in statutory interpretation?
What is the significance of the interpretation clause in the Constitution?
What is the significance of the interpretation clause in the Constitution?
What is the main concern of the Pass and Prosper Case Law?
What is the main concern of the Pass and Prosper Case Law?
Why is the linguistic turn considered a critical theory in legal interpretation?
Why is the linguistic turn considered a critical theory in legal interpretation?
Which of the following is a provision of the South African Constitution?
Which of the following is a provision of the South African Constitution?
What is the purpose of the purposive interpretation approach?
What is the purpose of the purposive interpretation approach?
What is the effect of the interaction of the three provisions in different Acts?
What is the effect of the interaction of the three provisions in different Acts?
What is the main issue with section 2(1)(a) and (b) of the Citizenship Act?
What is the main issue with section 2(1)(a) and (b) of the Citizenship Act?
What is the group referred to as those born to South African parents outside the Republic who failed to register their births?
What is the group referred to as those born to South African parents outside the Republic who failed to register their births?
What is the purpose of Section 3 of the 1995 Citizenship Act?
What is the purpose of Section 3 of the 1995 Citizenship Act?
What is the main principle of the South African Constitution regarding citizenship?
What is the main principle of the South African Constitution regarding citizenship?
According to the contextual approach, what should the court examine in ascertaining the intention of the legislature?
According to the contextual approach, what should the court examine in ascertaining the intention of the legislature?
What is the main criticism of the plain-meaning approach to interpretation?
What is the main criticism of the plain-meaning approach to interpretation?
What is the limitation on the judiciary's inherent law-making discretion?
What is the limitation on the judiciary's inherent law-making discretion?
What is the approach to interpretation demonstrated in the case of Mjuqu v Johannesburg City Council?
What is the approach to interpretation demonstrated in the case of Mjuqu v Johannesburg City Council?
According to the contextual interpreters, what is the role of the judiciary in statutory interpretation?
According to the contextual interpreters, what is the role of the judiciary in statutory interpretation?
What is the significance of the case of University of Cape Town v Cape Bar Council?
What is the significance of the case of University of Cape Town v Cape Bar Council?
What is the main characteristic of the contextual approach to interpretation?
What is the main characteristic of the contextual approach to interpretation?
What is the relationship between the judiciary's law-making discretion and the legislature's intention?
What is the relationship between the judiciary's law-making discretion and the legislature's intention?
What is the primary focus of deconstruction in judicial decision-making?
What is the primary focus of deconstruction in judicial decision-making?
What is the nature of meaning in a text according to the linguistic turn?
What is the nature of meaning in a text according to the linguistic turn?
Which approach to statutory interpretation prioritizes the literal meaning of the provision?
Which approach to statutory interpretation prioritizes the literal meaning of the provision?
What is the primary rule of interpretation in the literal approach?
What is the primary rule of interpretation in the literal approach?
What is the purpose of questioning existing dogmas, beliefs, and orthodoxies in the context of the law?
What is the purpose of questioning existing dogmas, beliefs, and orthodoxies in the context of the law?
What is the main difference between the literal and purposive approaches to statutory interpretation?
What is the main difference between the literal and purposive approaches to statutory interpretation?
What is the role of personal cultural and ideological value systems in interpretation?
What is the role of personal cultural and ideological value systems in interpretation?
What is the implication of the linguistic turn on the concept of meaning?
What is the implication of the linguistic turn on the concept of meaning?
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