Textual Approach to Statutory Interpretation
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What is the primary focus of the systematic approach to legislative interpretation?

  • Evaluating the legislation against international law
  • Understanding the legislative provision in the context of the entire legislative text (correct)
  • Determining the historical context of the legislation
  • Clarifying the meaning of individual words
  • What is the ultimate goal of the teleological interpretation approach?

  • To determine the historical context of the legislation
  • To examine similar legislation in foreign courts
  • To ascertain the aim and purpose of the legislation in relation to constitutional values (correct)
  • To understand the literal meaning of the words
  • What is considered in the historical aspect of legislative interpretation?

  • The prior legislation and circumstances surrounding the legislation's creation (correct)
  • The international law and its application
  • The contextual considerations of the legislative text
  • The constitutionally enshrined values
  • What is the primary purpose of the comparative aspect of legislative interpretation?

    <p>To examine the interpretation of similar legislation by foreign courts</p> Signup and view all the answers

    What is the significance of the context in the systematic approach?

    <p>It enables a holistic understanding of the legislative text</p> Signup and view all the answers

    What is the primary basis for a value-oriented interpretation in the teleological approach?

    <p>The fundamental constitutional values</p> Signup and view all the answers

    What is the main concern in the Pass and Prosper Case Law 41?

    <p>The interaction of three different provisions in different Acts</p> Signup and view all the answers

    Which of the following groups is concerned with citizenship acquired by birth in terms of the 1995 Citizenship Act?

    <p>Group 1</p> Signup and view all the answers

    What is the purpose of the purposive interpretation approach?

    <p>To determine the meaning of a provision and then determine if it is in line with the Constitution</p> Signup and view all the answers

    Which section of the Constitution states that no citizen may be deprived of citizenship?

    <p>Section 20</p> Signup and view all the answers

    What is the main issue with section 2(1)(a) and (b) of the South African Citizenship Act?

    <p>It is unconstitutional</p> Signup and view all the answers

    What is the outcome of the Constitutional Challenge in the Pass and Prosper Case Law 41?

    <p>The order of constitutional invalidity is not confirmed</p> Signup and view all the answers

    What is the primary consequence of the rule of statutory interpretation?

    <p>A statute may not be extended to meet a case for which provision has clearly and undoubtedly not been made.</p> Signup and view all the answers

    According to the textual approach, what is the primary consideration in determining the legislature's intention?

    <p>The ordinary, grammatical meaning of the text.</p> Signup and view all the answers

    What is a major criticism of the textual approach to statutory interpretation?

    <p>It ignores the context and presumptions surrounding the statute.</p> Signup and view all the answers

    What is the underlying philosophy of the textual approach to statutory interpretation?

    <p>Legal positivism.</p> Signup and view all the answers

    What is the primary limitation of the textual approach to statutory interpretation?

    <p>Very few legislative texts are so clear that only one interpretation is possible.</p> Signup and view all the answers

    What is the name of the rule that allows the court to deviate from the literal meaning of the words in certain circumstances?

    <p>The golden rule.</p> Signup and view all the answers

    What is the primary concern of courts when interpreting a provision?

    <p>To set aside the provision if it is incapable of a reasonable interpretation</p> Signup and view all the answers

    In the Commissioner for the South African Revenue Service case, what was the main issue in the appeal?

    <p>The construction of section 4(q) of the Estate Duty Act 45 of 1955</p> Signup and view all the answers

    What is the approach to interpretation emphasized in the Bato Star Fishing case?

    <p>A focus on the intention of the legislature, with consideration of transformation</p> Signup and view all the answers

    What is the role of the Constitution in the Republic, according to the Ncobo Judgment?

    <p>The Supreme Law of the Republic, above all other laws</p> Signup and view all the answers

    What should courts do if a provision is incapable of a reasonable interpretation that is constitutional?

    <p>Set aside the provision and render it null and void</p> Signup and view all the answers

    What is the focus of the judgment in the Commissioner for the South African Revenue Service case?

    <p>A stricter and more textual approach to interpretation</p> Signup and view all the answers

    What is the primary consideration in determining objective intention?

    <p>The legislative purpose</p> Signup and view all the answers

    What is the basis of contextual interpretation?

    <p>The Mischief Rule</p> Signup and view all the answers

    What is the primary consideration in determining the meaning of a word in a statute?

    <p>The sense in which the word was used in the statute</p> Signup and view all the answers

    What is the significance of the context in which words are used?

    <p>It sheds light on their meaning</p> Signup and view all the answers

    What is the purpose of considering the wider context of a provision?

    <p>To consider the wider contextual factors</p> Signup and view all the answers

    What is the final step in interpreting a provision?

    <p>Applying the meaning of the text and context</p> Signup and view all the answers

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