Podcast
Questions and Answers
What is the main principle of the textual approach to statutory interpretation?
What is the main principle of the textual approach to statutory interpretation?
The ordinary, grammatical meaning of the text is decisive in determining the legislature's intention.
Who introduced the plain meaning approach into South African law?
Who introduced the plain meaning approach into South African law?
Lord De Villiers
What consequence arises from the rule that statutes must be construed according to the intention of the legislature?
What consequence arises from the rule that statutes must be construed according to the intention of the legislature?
A statute may not be extended to cover a case for which provision has clearly not been made.
What is one criticism of the textual approach to statutory interpretation related to presumptions and context?
What is one criticism of the textual approach to statutory interpretation related to presumptions and context?
Why is the textual approach criticized for being narrow?
Why is the textual approach criticized for being narrow?
In what scenario does the ignored context and presumptions regain importance according to the criticism of the textual approach?
In what scenario does the ignored context and presumptions regain importance according to the criticism of the textual approach?
What is the role of the context of the legislative text according to the provided text?
What is the role of the context of the legislative text according to the provided text?
Under what circumstances will an interpreter have recourse to a wide range of aids to interpretation?
Under what circumstances will an interpreter have recourse to a wide range of aids to interpretation?
How does the literal approach to interpreting legislative text depend on the interpreter?
How does the literal approach to interpreting legislative text depend on the interpreter?
Why is the 'intention of the legislature' ultimately dependent on the court's decision?
Why is the 'intention of the legislature' ultimately dependent on the court's decision?
Why is the view that legislative texts are clear and unambiguous questionable?
Why is the view that legislative texts are clear and unambiguous questionable?
Why does the existence of a discipline such as interpretation of statutes imply that legislative texts are often unclear?
Why does the existence of a discipline such as interpretation of statutes imply that legislative texts are often unclear?
What is the objective of determining intention in legislation?
What is the objective of determining intention in legislation?
What is the mischief rule in statutory interpretation?
What is the mischief rule in statutory interpretation?
How did statutory interpretation in South Africa evolve before 1994?
How did statutory interpretation in South Africa evolve before 1994?
What aids are acknowledged under the mischief rule in interpreting statutes?
What aids are acknowledged under the mischief rule in interpreting statutes?
What should the interpreter consider at the outset when interpreting statutes?
What should the interpreter consider at the outset when interpreting statutes?
What does the objective determination of intention replace in statutory interpretation?
What does the objective determination of intention replace in statutory interpretation?
What approach to statutory interpretation is traditionally followed in South Africa?
What approach to statutory interpretation is traditionally followed in South Africa?
What influenced the shift towards English rules of interpretation in South Africa?
What influenced the shift towards English rules of interpretation in South Africa?
Why did English law have a significant influence on South African law for a number of decades?
Why did English law have a significant influence on South African law for a number of decades?
What is the dominant factor in interpretation according to a purpose-oriented approach?
What is the dominant factor in interpretation according to a purpose-oriented approach?
What does the contextual framework take into account in the search for the purpose of legislation?
What does the contextual framework take into account in the search for the purpose of legislation?
How does the purpose-oriented approach establish a balance in interpretation?
How does the purpose-oriented approach establish a balance in interpretation?
What are the six provisions of the constitution that transformed the interpretation approach?
What are the six provisions of the constitution that transformed the interpretation approach?
What does the interpretation clause in the constitution require the interpreter to consider?
What does the interpretation clause in the constitution require the interpreter to consider?
According to the S v Makwanyane judgment, why is it important to use the values in the constitution during interpretation?
According to the S v Makwanyane judgment, why is it important to use the values in the constitution during interpretation?
How has the interpretation of statutes changed post the new constitution?
How has the interpretation of statutes changed post the new constitution?
What kind of approach to interpretation was prevalent prior to 1994?
What kind of approach to interpretation was prevalent prior to 1994?
What is the overarching framework within which interpretation must now be done?
What is the overarching framework within which interpretation must now be done?
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