Textual and Plain Meaning Approaches in Legal Interpretation

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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?

Lord De Villiers

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?

The central role of common law presumptions is reduced to a 'last resort' only when the text is ambiguous. Signup and view all the answers

Why is the textual approach criticized for being narrow?

It focuses primarily on the words as the index of the legislature's intention, ignoring other aids to interpretation. Signup and view all the answers

In what scenario does the ignored context and presumptions regain importance according to the criticism of the textual approach?

When the text seems ambiguous. Signup and view all the answers

What is the role of the context of the legislative text according to the provided text?

The context of the legislative text is reduced to a mere inanity, only to be looked at if the text proves unclear. Signup and view all the answers

Under what circumstances will an interpreter have recourse to a wide range of aids to interpretation?

If the textual meaning is ambiguous or unclear. Signup and view all the answers

How does the literal approach to interpreting legislative text depend on the interpreter?

The literal approach is subjective and depends on the interpreter's understanding of the words. Signup and view all the answers

Why is the 'intention of the legislature' ultimately dependent on the court's decision?

It depends on the court's decision on the clarity of the particular legislative text. Signup and view all the answers

Why is the view that legislative texts are clear and unambiguous questionable?

Few texts are so clear that only one interpretation is possible. Signup and view all the answers

Why does the existence of a discipline such as interpretation of statutes imply that legislative texts are often unclear?

The existence of interpretation implies that legislative texts are seldom clear and unambiguous. Signup and view all the answers

What is the objective of determining intention in legislation?

To determine the purpose or object of legislation. Signup and view all the answers

What is the mischief rule in statutory interpretation?

The mischief rule is the basis of contextual interpretation. Signup and view all the answers

How did statutory interpretation in South Africa evolve before 1994?

From a rigid literal approach towards a more flexible contextual approach. Signup and view all the answers

What aids are acknowledged under the mischief rule in interpreting statutes?

Common-law prior to enactment, mischief in the law, new remedies, and reasons for remedies. Signup and view all the answers

What should the interpreter consider at the outset when interpreting statutes?

The wider context of provisions including their ambit and purpose. Signup and view all the answers

What does the objective determination of intention replace in statutory interpretation?

The subjective 'Intention' of the legislature. Signup and view all the answers

What approach to statutory interpretation is traditionally followed in South Africa?

Functional or purpose-oriented approach Signup and view all the answers

What influenced the shift towards English rules of interpretation in South Africa?

British occupation of the Cape Signup and view all the answers

Why did English law have a significant influence on South African law for a number of decades?

Majority of South African jurists were trained in England Signup and view all the answers

What is the dominant factor in interpretation according to a purpose-oriented approach?

Purpose or object of the legislation Signup and view all the answers

What does the contextual framework take into account in the search for the purpose of legislation?

Social factors and political policy directions Signup and view all the answers

How does the purpose-oriented approach establish a balance in interpretation?

Between the grammatical, literal meaning and the overall contextual meaning Signup and view all the answers

What are the six provisions of the constitution that transformed the interpretation approach?

S1, s2, s7, s8, s36, s39 Signup and view all the answers

What does the interpretation clause in the constitution require the interpreter to consider?

The Bill before interpreting Signup and view all the answers

According to the S v Makwanyane judgment, why is it important to use the values in the constitution during interpretation?

To protect democratic values, social justice, and fundamental human rights Signup and view all the answers

How has the interpretation of statutes changed post the new constitution?

It is no longer a mechanical reiteration of parliamentary intentions but what is permitted by the constitution Signup and view all the answers

What kind of approach to interpretation was prevalent prior to 1994?

Textual approach Signup and view all the answers

What is the overarching framework within which interpretation must now be done?

Value-laden framework of the Constitution Signup and view all the answers